Evidence Special Rules

Compiled by J.A.D.S. Dealino, UP Law B2015. Caveat utilitor. 10/4/2013 v1.00

Doctrine of Res Ipsa Loquitur 2

2007 Rule on DNA Evidence 3

2001 Rules on Electronic Evidence 7

2000 Rule on Examination of Child Witness 14

2007 Rule on the Writ of Amparo 28

2008 Rule on the Writ of Habeas Data 34

2002 Comprehensive Dangerous Drugs Act 39

RA 1379 (1955) 88

RA 8505 (1998) 91
Doctrine of Res Ipsa Loquitur
Statement of the Rule:
o The fact of the occurrence of an injury, taken with the surrounding circumstances,
may permit an inference or raise a presumption of negligence, or make out a
plaintiffs prima facie case, and present a question of fact for defendant to meet with
an explanation. (Ramos vs. CA, 1999)
Elements (Capili v. Cardana, 2006, citing Child Learning Center, Inc. v. Tagorio, 2005)
1) The accident was of such character as to warrant an inference that it would not
have happened except for the defendants negligence;
2) The accident must have been caused by an agency or instrumentality within the
exclusive management or control of the person charged with the negligence
complained of; and
3) The accident must not have been due to any voluntary action or contribution on
the part of the person injured.
Restatement and Expansion:
o Negligence is presumed once the requisites for the doctrine to apply are established.
Once a prima facie case is made out of all requisites, the burden to explain shifts. The
presumption or inference may be rebutted or overcome by other evidence and, under
appropriate circumstances a disputable presumption, such as that of due care or
innocence, may outweigh the inference. (Capili v. Cardana, 2006, citing D.M.
Consunji, Inc. v. CA, 2001)

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2007 Rule on DNA Evidence
A.M. No. 06-11-5-SC

SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined in Section 3
hereof, is offered, used, or proposed to be offered or used as evidence in all criminal and civil
actions as well as special proceedings.

Sec. 2. Application of other Rules on Evidence. In all matters not specifically covered by this
Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.

Sec. 3. Definition of Terms. For purposes of this Rule, the following terms shall be defined as
follows:

a. Biological sample means any organic material originating from a persons body, even if
found in inanimate objects, that is susceptible to DNA testing. This includes blood, saliva and
other body fluids, tissues, hairs and bones;
b. DNA means deoxyribonucleic acid, which is the chain of molecules found in every
nucleated cell of the body. The totality of an individuals DNA is unique for the individual,
except identical twins;
c. DNA evidence constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples;
d. DNA profile means genetic information derived from DNA testing of a biological sample
obtained from a person, which biological sample is clearly identifiable as originating from that
person;
e. DNA testing means verified and credible scientific methods which include the extraction of
DNA from biological samples, the generation of DNA profiles and the comparison of the
information obtained from the DNA testing of biological samples for the purpose of
determining, with reasonable certainty, whether or not the DNA obtained from two or more
distinct biological samples originates from the same person (direct identification) or if the
biological samples originate from related persons (kinship analysis); and
f. Probability of Parentage means the numerical estimate for the likelihood of parentage of a
putative parent compared with the probability of a random match of two unrelated individuals
in a given population.

Sec. 4. Application for DNA Testing Order. The appropriate court may, at any time, either motu
proprio or on application of any person who has a legal interest in the matter in litigation, order a
DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of
the following:

a. A biological sample exists that is relevant to the case;

b. The biological sample: (i) was not previously subjected to the type of DNA testing now
requested; or (ii) was previously subjected to DNA testing, but the results may require
confirmation for good reasons;
c. The DNA testing uses a scientifically valid technique;
d. The DNA testing has the scientific potential to produce new information that is relevant to the
proper resolution of the case; and
e. The existence of other factors, if any, which the court may consider as potentially affecting
the accuracy of integrity of the DNA testing.

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This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any
party, including law enforcement agencies, before a suit or proceeding is commenced.

Sec. 5. DNA Testing Order. If the court finds that the requirements in Section 4 hereof have been
complied with, the court shall

a. Order, where appropriate, that biological samples be taken from any person or crime scene
evidence;
b. Impose reasonable conditions on DNA testing designed to protect the integrity of the
biological sample, the testing process and the reliability of the test results, including the
condition that the DNA test results shall be simultaneously disclosed to parties involved in
the case; and
c. If the biological sample taken is of such an amount that prevents the conduct of confirmatory
testing by the other or the adverse party and where additional biological samples of the same
kind can no longer be obtained, issue an order requiring all parties to the case or
proceedings to witness the DNA testing to be conducted.

An order granting the DNA testing shall be immediately executory and shall not be appealable. Any
petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless
a higher court issues an injunctive order. The grant of DNA testing application shall not be construed
as an automatic admission into evidence of any component of the DNA evidence that may be
obtained as a result thereof.

Sec. 6. Post-conviction DNA Testing. Post-conviction DNA testing may be available, without
need of prior court order, to the prosecution or any person convicted by final and executory judgment
provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the
testing would probably result in the reversal or modification of the judgment of conviction.

Sec. 7. Assessment of probative value of DNA evidence. In assessing the probative value of
the DNA evidence presented, the court shall consider the following:

a. The chair of custody, including how the biological samples were collected, how they were
handled, and the possibility of contamination of the samples;
b. The DNA testing methodology, including the procedure followed in analyzing the samples,
the advantages and disadvantages of the procedure, and compliance with the scientifically
valid standards in conducting the tests;
c. The forensic DNA laboratory, including accreditation by any reputable standards-setting
institution and the qualification of the analyst who conducted the tests. If the laboratory is not
accredited, the relevant experience of the laboratory in forensic casework and credibility shall
be properly established; and
d. The reliability of the testing result, as hereinafter provided.

The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.

Sec. 8. Reliability of DNA Testing Methodology. In evaluating whether the DNA testing
methodology is reliable, the court shall consider the following:

a. The falsifiability of the principles or methods used, that is, whether the theory or technique
can be and has been tested;
b. The subjection to peer review and publication of the principles or methods;
c. The general acceptance of the principles or methods by the relevant scientific community;

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 d. The existence and maintenance of standards and controls to ensure the correctness of data
generated;
e. The existence of an appropriate reference population database; and
f. The general degree of confidence attributed to mathematical calculations used in comparing
DNA profiles and the significance and limitation of statistical calculations used in comparing
DNA profiles.

Sec. 9. of DNA Testing Results. In evaluating the results of DNA testing, the court shall consider
the following:

a. The evaluation of the weight of matching DNA evidence or the relevance of mismatching
DNA evidence;
b. The results of the DNA testing in the light of the totality of the other evidence presented in
the case; and that
c. DNA results that exclude the putative parent from paternity shall be conclusive proof of non-
paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA
testing shall be considered as corroborative evidence. If the value of the Probability of
Paternity is 99.9% or higher there shall be a disputable presumption of paternity.

Sec. 10. Post-conviction DNA Testing Remedy if the Results Are Favorable to the Convict.
The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if
the results of the post-conviction DNA testing are favorable to the convict. In the case the court, after
due hearing finds the petition to be meritorious, if shall reverse or modify the judgment of conviction
and order the release of the convict, unless continued detention is justified for a lawful cause.

A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any
member of said courts, which may conduct a hearing thereon or remand the petition to the court of
origin and issue the appropriate orders.

Sec. 11. Confidentiality. DNA profiles and all results or other information obtained from DNA
testing shall be confidential. Except upon order of the court, a DNA profile and all results or other
information obtained from DNA testing shall only be released to any of the following, under such
terms and conditions as may be set forth by the court:

a. Person from whom the sample was taken;

b. Person from whom the sample was taken;
c. Lawyers of private complainants in a criminal action;
d. Duly authorized law enforcement agencies; and
e. Other persons as determined by the court.

Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile
without the proper court order shall be liable for indirect contempt of the court wherein such DNA
evidence was offered, presented or sought to be offered and presented.

Where the person from whom the biological sample was taken files a written verified request to the
court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results
or other information obtained from the DNA testing, he same may be disclosed to the persons
named in the written verified request.

Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its
totality, including all biological samples, DNA profiles and results or other genetic information

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obtained from DNA testing. For this purpose, the court may order the appropriate government
agency to preserve the DNA evidence as follows:

a. In criminal cases:

i. for not less than the period of time that any person is under trial for an
offense; or
ii. in case the accused is serving sentence, until such time as the accused has
served his sentence;

a. In all other cases, until such time as the decision in the case where the DNA evidence was
introduced has become final and executory.

The court may allow the physical destruction of a biological sample before the expiration of the
periods set forth above, provided that:

a. A court order to that effect has been secured; or

b. The person from whom the DNA sample was obtained has consented in writing to the
disposal of the DNA evidence.

Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule
shall apply to cases pending at the time of its effectivity.

Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007, following publication in a
newspaper of general circulation.

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2001 Rules on Electronic Evidence
A.M. No. 01-7-01-SC

Rule 1
COVERAGE

Section 1. Scope. Unless otherwise provided herein, these Rules shall apply whenever an
electronic document or electronic data message, as defined in Rule 2 hereof, is offered or used in
evidence.

Section 2. Cases covered. These Rules shall apply to all civil actions and proceedings, as well as
quasi-judicial and administrative cases.

Section 3. Application of other rules on evidence. In all matters not specifically covered by these
Rules, the Rules of Court and pertinent provisions of statutes containing rules on evidence shall
apply.

Rule 2
DEFINITION OF TERMS AND CONSTRUCTION

Section 1. Definition of terms. For purposes of these Rules, the following terms are defined, as
follows:

(a) "Asymmetric or public cryptosystem" means a system capable of generating a secure key
pair, consisting of a private key for creating a digital signature, and a public key for verifying
the digital signature.

(b) "Business records" include records of any business, institution, association, profession,
occupation, and calling of every kind, whether or not conducted for profit, or for legitimate or
illegitimate purposes.

(c) "Certificate" means an electronic document issued to support a digital signature which
purports to confirm the identity or other significant characteristics of the person who holds a
particular key pair.

(d) "Computer" refers to any single or interconnected device or apparatus, which, by

electronic, electro-mechanical or magnetic impulse, or by other means with the same
function, can receive, record, transmit, store, process, correlate, analyze, project, retrieve
and/or produce information, data, text, graphics, figures, voice, video, symbols or other
modes of expression or perform any one or more of these functions.

(e) "Digital signature" refers to an electronic signature consisting of a transformation of an

electronic document or an electronic data message using an asymmetric or public
cryptosystem such that a person having the initial untransformed electronic document and
the signer's public key can accurately determine:

i. whether the transformation was created using the private key that corresponds to
the signer's public key; and

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 ii. whether the initial electronic document had been altered after the transformation
was made.

(f) "Digitally signed" refers to an electronic document or electronic data message bearing a
digital signature verified by the public key listed in a certificate.

(g) "Electronic data message" refers to information generated, sent, received or stored by
electronic, optical or similar means.

(h) "Electronic document" refers to information or the representation of information, data,

figures, symbols or other modes of written expression, described or however represented, by
which a right is established or an obligation extinguished, or by which a fact may be proved
and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or
produced electronically. It includes digitally signed documents and any print-out or output,
readable by sight or other means, which accurately reflects the electronic data message or
electronic document. For purposes of these Rules, the term "electronic document" may be
used interchangeably with "electronic data message".

(i) "Electronic key" refers to a secret code which secures and defends sensitive information
that crosses over public channels into a form decipherable only with a matching electronic
key.

(j) "Electronic signature" refers to any distinctive mark, characteristic and/or sound in
electronic form, representing the identity of a person and attached to or logically associated
with the electronic data message or electronic document or any methodology or procedure
employed or adopted by a person and executed or adopted by such person with the intention
of authenticating, signing or approving an electronic data message or electronic document.
For purposes of these Rules, an electronic signature includes digital signatures.

(k) "Ephemeral electronic communication" refers to telephone conversations, text messages,

chatroom sessions, streaming audio, streaming video, and other electronic forms of
communication the evidence of which is not recorded or retained.

(l) "Information and communication system" refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic documents
and includes the computer system or other similar devices by or in which data are recorded
or stored and any procedure related to the recording or storage of electronic data messages
or electronic documents.

(m) "Key pair" in an asymmetric cryptosystem refers to the private key and its mathematically
related public key such that the latter can verify the digital signature that the former creates.

(n) "Private key" refers to the key of a key pair used to create a digital signature.

(o) "Public key" refers to the key of a key pair used to verify a digital signature.

Section 2. Construction. These Rules shall be liberally construed to assist the parties in obtaining
a just, expeditious, and inexpensive determination of cases.

The interpretation of these Rules shall also take into consideration the international origin of
Republic Act No. 8792, otherwise known as the Electronic Commerce Act.

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 Rule 3
ELECTRONIC DOCUMENTS

Section 1. Electronic documents as functional equivalent of paper-based documents. Whenever a

rule of evidence refers to the term writing, document, record, instrument, memorandum or any other
form of writing, such term shall be deemed to include an electronic document as defined in these
Rules.

Section 2. Admissibility. An electronic document is admissible in evidence if it complies with the

rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the
manner prescribed by these Rules.

Section 3. Privileged communication. The confidential character of a privileged communication is

not lost solely on the ground that it is in the form of an electronic document.

Rule 4
BEST EVIDENCE RULE

Section 1. Original of an electronic document. An electronic document shall be regarded as the

equivalent of an original document under the Best Evidence Rule if it is a printout or output readable
by sight or other means, shown to reflect the data accurately.

Section 2. Copies as equivalent of the originals. When a document is in two or more copies
executed at or about the same time with identical contents, or is a counterpart produced by the same
impression as the original, or from the same matrix, or by mechanical or electronic re-recording, or
by chemical reproduction, or by other equivalent techniques which accurately reproduces the
original, such copies or duplicates shall be regarded as the equivalent of the original.

Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same extent as the
original if:

(a) a genuine question is raised as to the authenticity of the original; or

(b) in the circumstances it would be unjust or inequitable to admit the copy in lieu of the
original.

Rule 5
AUTHENTICATION OF ELECTRONIC DOCUMENTS

Section 1. Burden of proving authenticity. The person seeking to introduce an electronic document
in any legal proceeding has the burden of proving its authenticity in the manner provided in this Rule.

Section 2. Manner of authentication. Before any private electronic document offered as authentic
is received in evidence, its authenticity must be proved by any of the following means:

(a) by evidence that it had been digitally signed by the person purported to have signed the
same;

(b) by evidence that other appropriate security procedures or devices as may be authorized
by the Supreme Court or by law for authentication of electronic documents were applied to
the document; or

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 (c) by other evidence showing its integrity and reliability to the satisfaction of the judge.

Section 3. Proof of electronically notarized document. A document electronically notarized in

accordance with the rules promulgated by the Supreme Court shall be considered as a public
document and proved as a notarial document under the Rules of Court.

Rule 6
ELECTRONIC SIGNATURES

Section 1. Electronic signature. An electronic signature or a digital signature authenticated in the

manner prescribed hereunder is admissible in evidence as the functional equivalent of the signature
of a person on a written document.

Section 2. Authentication of electronic signatures. An electronic signature may be authenticated in

any of the following manner:

(a) By evidence that a method or process was utilized to establish a digital signature and
verify the same;

(b) By any other means provided by law; or

(c) By any other means satisfactory to the judge as establishing the genuineness of the
electronic signature.

Section 3. Disputable presumptions relating to electronic signatures. Upon the authentication of

an electronic signature, it shall be presumed that:

(a) The electronic signature is that of the person to whom it correlates;

(b) The electronic signature was affixed by that person with the intention of authenticating or
approving the electronic document to which it is related or to indicate such person's consent
to the transaction embodied therein; and

(c) The methods or processes utilized to affix or verify the electronic signature operated
without error or fault.

Section 4. Disputable presumptions relating to digital signatures. Upon the authentication of a

digital signature, it shall be presumed, in addition to those mentioned in the immediately preceding
section, that:

(a) The information contained in a certificate is correct;

(b) The digital signature was created during the operational period of a certificate;

(c) No cause exists to render a certificate invalid or revocable;

(d) The message associated with a digital signature has not been altered from the time it was
signed; and,

(e) A certificate had been issued by the certification authority indicated therein.

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 Rule 7
EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS

Section 1. Factors for assessing evidentiary weight. In assessing the evidentiary weight of an
electronic document, the following factors may be considered:

(a) The reliability of the manner or method in which it was generated, stored or
communicated, including but not limited to input and output procedures, controls, tests and
checks for accuracy and reliability of the electronic data message or document, in the light of
all the circumstances as well as any relevant agreement;

(b) The reliability of the manner in which its originator was identified;

(c) The integrity of the information and communication system in which it is recorded or
stored, including but not limited to the hardware and computer programs or software used as
well as programming errors;

(d) The familiarity of the witness or the person who made the entry with the communication
and information system;

(e) The nature and quality of the information which went into the communication and
information system upon which the electronic data message or electronic document was
based; or

(f) Other factors which the court may consider as affecting the accuracy or integrity of the
electronic document or electronic data message.

Section 2. Integrity of an information and communication system. In any dispute involving the
integrity of the information and communication system in which an electronic document or electronic
data message is recorded or stored, the court may consider, among others, the following factors:

(a) Whether the information and communication system or other similar device was operated
in a manner that did not affect the integrity of the electronic document, and there are no other
reasonable grounds to doubt the integrity of the information and communication system;

(b) Whether the electronic document was recorded or stored by a party to the proceedings
with interest adverse to that of the party using it; or

(c) Whether the electronic document was recorded or stored in the usual and ordinary course
of business by a person who is not a party to the proceedings and who did not act under the
control of the party using it.

Rule 8
BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE

Section 1. Inapplicability of the hearsay rule. A memorandum, report, record or data compilation of
acts, events, conditions, opinions, or diagnoses, made by electronic, optical or other similar means
at or near the time of or from transmission or supply of information by a person with knowledge
thereof, and kept in the regular course or conduct of a business activity, and such was the regular
practice to make the memorandum, report, record, or data compilation by electronic, optical or

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similar means, all of which are shown by the testimony of the custodian or other qualified witnesses,
is excepted from the rule on hearsay evidence.

Section 2. Overcoming the presumption. The presumption provided for in Section 1 of this Rule
may be overcome by evidence of the untrustworthiness of the source of information or the method or
circumstances of the preparation, transmission or storage thereof.

Rule 9
METHOD OF PROOF

Section 1. Affidavit evidence. All matters relating to the admissibility and evidentiary weight of an
electronic document may be established by an affidavit stating facts of direct personal knowledge of
the affiant or based on authentic records. The affidavit must affirmatively show the competence of
the affiant to testify on the matters contained therein.

Section 2. Cross-examination of deponent. The affiant shall be made to affirm the contents of the
affidavit in open court and may be cross-examined as a matter of right by the adverse party.

Rule 10
EXAMINATION OF WITNESSES

Section 1. Electronic testimony. After summarily hearing the parties pursuant to Rule 9 of these
Rules, the court may authorize the presentation of testimonial evidence by electronic means. Before
so authorizing, the court shall determine the necessity for such presentation and prescribe terms and
conditions as may be necessary under the circumstances, including the protection of the rights of the
parties and witnesses concerned.

Section 2. Transcript of electronic testimony. When examination of a witness is done

electronically, the entire proceedings, including the questions and answers, shall be transcribed by a
stenographer, stenotypist or other recorder authorized for the purpose, who shall certify as correct
the transcript done by him. The transcript should reflect the fact that the proceedings, either in whole
or in part, had been electronically recorded.

Section 3. Storage of electronic evidence. The electronic evidence and recording thereof as well
as the stenographic notes shall form part of the record of the case. Such transcript and recording
shall be deemed prima facie evidence of such proceedings.

Rule 11
AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE

Section 1. Audio, video and similar evidence. Audio, photographic and video evidence of events,
acts or transactions shall be admissible provided it shall be shown, presented or displayed to the
court and shall be identified, explained or authenticated by the person who made the recording or by
some other person competent to testify on the accuracy thereof.

Section 2. Ephemeral electronic communications. Ephemeral electronic communications shall be

proven by the testimony of a person who was a party to the same or has personal knowledge
thereof. In the absence or unavailability of such witnesses, other competent evidence may be
admitted.

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A recording of the telephone conversation or ephemeral electronic communication shall be covered
by the immediately preceding section.

If the foregoing communications are recorded or embodied in an electronic document, then the
provisions of Rule 5 shall apply.

Rule 12
EFFECTIVITY

Section 1. Applicability to pending cases. These Rules shall apply to cases pending after their
effectivity.

Section 2. Effectivity. These Rules shall take effect on the first day of August 2001 following their
publication before the 20th of July 2001 in two newspapers of general circulation in the Philippines.

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2000 Rule on Examination of Child Witness
A.M. NO. 004-07-SC

Section 1. Applicability of the Rule. - Unless otherwise provided, this Rule shall govern the
examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime.
It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses.

Section 2. Objectives. - The objectives of this Rule are to create and maintain an environment that
will allow children to give reliable and complete evidence, minimize trauma to children, encourage
children to testify in legal proceedings, and facilitate the ascertainment of truth.

Section 3. Construction of the Rule. - This Rule shall be liberally construed to uphold the best
interests of the child and to promote maximum accommodation of child witnesses without prejudice
to the constitutional rights of the accused.

Section 4. Definitions. -

(a) A "child witness" is any person who at the time of giving testimony is below the age of
eighteen (18) years. In child abuse cases, a child includes one over eighteen (18) years but
is found by the court as unable to fully take care of himself or protect himself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or
condition.

(b) "Child abuse" means physical, psychological, or sexual abuse, and criminal neglect as
defined in Republic Act No. 7610 and other related laws.

(c) "Facilitator" means a person appointed by the court to pose questions to a child.

(d) "Record regarding a child" or "record" means any photograph, videotape, audiotape, film,
handwriting, typewriting, printing, electronic recording, computer data or printout, or other
memorialization, including any court document, pleading, or any copy or reproduction of any
of the foregoing, that contains the name, description, address, school, or any other personal
identifying information about a child or his family and that is produced or maintained by a
public agency, private agency, or individual.

(e) A "guardian ad litem" is a person appointed by the court where the case is pending for a
child who is a victim of, accused of, or a witness to a crime to protect the best interests of the
said child.

(f) A "support person" is a person chosen by the child to accompany him to testify at or
attend a judicial proceeding or deposition to provide emotional support for him.

(g) "Best interests of the child" means the totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings of security of the child and most
encouraging to his physical, psychological, and emotional development. It also means the
least detrimental available alternative for safeguarding the growth and development of the
child.

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 (h) "Developmental level" refers to the specific growth phase in which most individuals are
expected to behave and function in relation to the advancement of their physical, socio-
emotional, cognitive, and moral abilities.

(i) "In-depth investigative interview" or "disclosure interview" is an inquiry or proceeding

conducted by duly trained members of a multidisciplinary team or representatives of law
enforcement or child protective services for the purpose of determining whether child abuse
has been committed.

Section 5. Guardian ad litem. -

(a) The court may appoint a guardian ad litem for a child who is a victim of, accused of, or a
witness to a crime to promote the best interests of the child. In making the appointment, the
court shall consider the background of the guardian ad litem and his familiarity with the
judicial process, social service programs, and child development, giving preference to the
parents of the child, if qualified. The guardian ad litem may be a member of the Philippine
Bar. A person who is a witness in any proceeding involving the child cannot be appointed as
a guardian ad litem.

(b) The guardian ad litem:

(1) Shall attend all interviews, depositions, hearings, and trial proceedings in which a
child participates;

(2) Shall make recommendations to the court concerning the welfare of the child;

(3) Shall have access to all reports, evaluations, and records necessary to effectively
advocate for the child, except privileged communications;

(4) Shall marshal and coordinate the delivery of resources and special services to the
child;

(5) Shall explain, in language understandable to the child, all legal proceedings,
including police investigations, in which the child is involved;

(6) Shall assist the child and his family in coping with the emotional effects of crime
and subsequent criminal or non-criminal proceedings in which the child is involved;

(7) May remain with the child while the child waits to testify;

(8) May interview witnesses; and

(9) May request additional examinations by medical or mental health professionals if

there is a compelling need therefor.

(c) The guardian ad litem shall be notified of all proceedings but shall not participate in the
trial. However, he may file motions pursuant to sections 9, 10, 25, 26, 27 and 31(c). If the
guardian ad litem is a lawyer, he may object during trial that questions asked of the child are
not appropriate to his developmental level.

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 (d) The guardian ad litem may communicate concerns regarding the child to the court
through an officer of the court designated for that purpose.

(e) The guardian ad litem shall not testify in any proceeding concerning any information,
statement, or opinion received from the child in the course of serving as a guardian ad litem,
unless the court finds it necessary to promote the best interests of the child.

(f) The guardian ad litem shall be presumed to have acted in good faith in compliance with
his duties described in sub-section (b).

Section 6. Competency. - Every child is presumed qualified to be a witness. However, the court
shall conduct a competency examination of a child, motu proprio or on motion of a party, when it
finds that substantial doubt exists regarding the ability of the child to perceive, remember,
communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court.

(a) Proof of necessity. - A party seeking a competency examination must present proof of
necessity of competency examination. The age of the child by itself is not a sufficient basis
for a competency examination.

(b) Burden of proof. - To rebut the presumption of competence enjoyed by a child, the
burden of proof lies on the party challenging his competence.

(c) Persons allowed at competency examination. Only the following are allowed to attend a
competency examination:

(1) The judge and necessary court personnel;

(2) The counsel for the parties;

(3) The guardian ad litem;

(4) One or more support persons for the child; and

(5) The defendant, unless the court determines that competence can be fully
evaluated in his absence.

(d) Conduct of examination. - Examination of a child as to his competence shall be

conducted only by the judge. Counsel for the parties, however, can submit questions to the
judge that he may, in his discretion, ask the child.

(e) Developmentally appropriate questions. - The questions asked at the competency

examination shall be appropriate to the age and developmental level of the child; shall not be
related to the issues at trial; and shall focus on the ability of the child to remember,
communicate, distinguish between truth and falsehood, and appreciate the duty to testify
truthfully.

(f) Continuing duty to assess competence. - The court has the duty of continuously
assessing the competence of the child throughout his testimony.

Section 7. Oath or affirmation. - Before testifying, a child shall take an oath or affirmation to tell the
truth.

16
Section 8. Examination of a child witness. - The examination of a child witness presented in a
hearing or any proceeding shall be done in open court. Unless the witness is incapacitated to speak,
or the question calls for a different mode of answer, the answers of the witness shall be given orally.

The party who presents a child witness or the guardian ad litem of such child witness may, however,
move the court to allow him to testify in the manner provided in this Rule.

Section 9. Interpreter for child. -

(a) When a child does not understand the English or Filipino language or is unable to
communicate in said languages due to his developmental level, fear, shyness, disability, or
other similar reason, an interpreter whom the child can understand and who understands the
child may be appointed by the court, motu proprio or upon motion, to interpret for the child.

(b) If a witness or member of the family of the child is the only person who can serve as an
interpreter for the child, he shall not be disqualified and may serve as the interpreter of the
child. The interpreter, however, who is also a witness, shall testify ahead of the child.

(c) An interpreter shall take an oath or affirmation to make a true and accurate interpretation.

Section 10. Facilitator to pose questions to child. -

(a) The court may, motu proprio or upon motion, appoint a facilitator if it determines that the
child is unable to understand or respond to questions asked. The facilitator may be a child
psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader,
parent, or relative.

(b) If the court appoints a facilitator, the respective counsels for the parties shall pose
questions to the child only through the facilitator. The questions shall either be in the words
used by counsel or, if the child is not likely to understand the same, in words that are
comprehensible to the child and which convey the meaning intended by counsel.

(c) The facilitator shall take an oath or affirmation to pose questions to the child according to
the meaning intended by counsel.

Section 11. Support persons. -

(a) A child testifying at a judicial proceeding or making a deposition shall have the right to be
accompanied by one or two persons of his own choosing to provide him emotional support.

(1) Both support persons shall remain within the view of the child during his
testimony.

(2) One of the support persons may accompany the child to the witness stand,
provided the support person does not completely obscure the child from the view of
the opposing party, judge, or hearing officer.

(3) The court may allow the support person to hold the hand of the child or take other
appropriate steps to provide emotional support to the child in the course of the
proceedings.

17
 (4) The court shall instruct the support persons not to prompt, sway, or influence the
child during his testimony.

(b) If the support person chosen by the child is also a witness, the court may disapprove the
choice if it is sufficiently established that the attendance of the support person during the
testimony of the child would pose a substantial risk of influencing or affecting the content of
the testimony of the child.

(c) If the support person who is also a witness is allowed by the court, his testimony shall be
presented ahead of the testimony of the child.

Section 12. Waiting area for child witnesses. - The courts are encouraged to provide a waiting
area for children that is separate from waiting areas used by other persons. The waiting area for
children should be furnished so as to make a child comfortable.

Section 13. Courtroom environment. - To create a more comfortable environment for the child, the
court may, in its discretion, direct and supervise the location, movement and deportment of all
persons in the courtroom including the parties, their counsel, child, witnesses, support persons,
guardian ad litem, facilitator, and court personnel. The child may be allowed to testify from a place
other than the witness chair. The witness chair or other place from which the child testifies may be
turned to facilitate his testimony but the opposing party and his counsel must have a frontal or profile
view of the child during the testimony of the child. The witness chair or other place from which the
child testifies may also be rearranged to allow the child to see the opposing party and his counsel, if
he chooses to look at them, without turning his body or leaving the witness stand. The judge need
not wear his judicial robe.

Nothing in this section or any other provision of law, except official in-court identification provisions,
shall be construed to require a child to look at the accused.

Accommodations for the child under this section need not be supported by a finding of trauma to the
child.

Section 14. Testimony during appropriate hours. - The court may order that the testimony of the
child should be taken during a time of day when the child is well-rested.

Section 15. Recess during testimony. -

The child may be allowed reasonable periods of relief while undergoing direct, cross, re-direct, and
re-cross examinations as often as necessary depending on his developmental level.

Section 16. Testimonial aids. - The court shall permit a child to use dolls, anatomically-correct
dolls, puppets, drawings, mannequins, or any other appropriate demonstrative device to assist him
in his testimony.

Section 17. Emotional security item. - While testifying, a child shall be allowed to have an item of
his own choosing such as a blanket, toy, or doll.

Section 18. Approaching the witness. - The court may prohibit a counsel from approaching a child
if it appears that the child is fearful of or intimidated by the counsel.

18
Section 19. Mode of questioning. - The court shall exercise control over the questioning of children
so as to (1) facilitate the ascertainment of the truth, (2) ensure that questions are stated in a form
appropriate to the developmental level of the child, (3) protect children from harassment or undue
embarrassment, and (4) avoid waste of time.

The court may allow the child witness to testify in a narrative form.

Section 20. Leading questions. - The court may allow leading questions in all stages of
examination of a child if the same will further the interests of justice.

Section 21. Objections to questions. - Objections to questions should be couched in a manner so

as not to mislead, confuse, frighten, or intimidate the child.

Section 22. Corroboration. - Corroboration shall not be required of a testimony of a child. His
testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion, or judgment
subject to the standard of proof required in criminal and non-criminal cases.

Section 23. Excluding the public. - When a child testifies, the court may order the exclusion from
the courtroom of all persons, including members of the press, who do not have a direct interest in
the case. Such an order may be made to protect the right to privacy of the child or if the court
determines on the record that requiring the child to testify in open court would cause psychological
harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate
due to embarrassment, fear, or timidity. In making its order, the court shall consider the
developmental level of the child, the nature of the crime, the nature of his testimony regarding the
crime, his relationship to the accused and to persons attending the trial, his desires, and the
interests of his parents or legal guardian. The court may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during trial is of such character as to be offensive to
decency or public morals. The court may also, on motion of the accused, exclude the public from
trial, except court personnel and the counsel of the parties.

Section 24. Persons prohibited from entering and leaving courtroom. - The court may order that
persons attending the trial shall not enter or leave the courtroom during the testimony of the child.

Section 25. Live-link television testimony in criminal cases where the child is a victim or a
witness. -

(a) The prosecutor, counsel or the guardian ad litem may apply for an order that the
testimony of the child be taken in a room outside the courtroom and be televised to the
courtroom by live-link television.

Before the guardian ad litem applies for an order under this section, he shall consult the
prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel regarding
the necessity of applying for an order. In case the guardian ad ltiem is convinced that the
decision of the prosecutor or counsel not to apply will cause the child serious emotional
trauma, he himself may apply for the order.

The person seeking such an order shall apply at least five (5) days before the trial date,
unless the court finds on the record that the need for such an order was not reasonably
foreseeable.

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(b) The court may motu proprio hear and determine, with notice to the parties, the need for
taking the testimony of the child through live-link television.

(c) The judge may question the child in chambers, or in some comfortable place other than
the courtroom, in the presence of the support person, guardian ad litem, prosecutor, and
counsel for the parties. The questions of the judge shall not be related to the issues at trial
but to the feelings of the child about testifying in the courtroom.

(d) The judge may exclude any person, including the accused, whose presence or conduct
causes fear to the child.

(e) The court shall issue an order granting or denying the use of live-link television and
stating the reasons therefor. It shall consider the following factors:

(1) The age and level of development of the child;

(2) His physical and mental health, including any mental or physical disability;

(3) Any physical, emotional, or psychological injury experienced by him;

(4) The nature of the alleged abuse;

(5) Any threats against the child;

(6) His relationship with the accused or adverse party;

(7) His reaction to any prior encounters with the accused in court or elsewhere;

(8) His reaction prior to trial when the topic of testifying was discussed with him by
parents or professionals;

(9) Specific symptoms of stress exhibited by the child in the days prior to testifying;

(10) Testimony of expert or lay witnesses;

(11) The custodial situation of the child and the attitude of the members of his family
regarding the events about which he will testify; and

(12) Other relevant factors, such as court atmosphere and formalities of court
procedure.

(f) The court may order that the testimony of the child be taken by live-link television if there
is a substantial likelihood that the child would suffer trauma from testifying in the presence of
the accused, his counsel or the prosecutor as the case may be. The trauma must be of a
kind which would impair the completeness or truthfulness of the testimony of the child.

(g) If the court orders the taking of testimony by live-link television:

(1) The child shall testify in a room separate from the courtroom in the presence of
the guardian ad litem; one or both of his support persons; the facilitator and

20
 interpreter, if any; a court officer appointed by the court; persons necessary to
operate the closed-circuit television equipment; and other persons whose presence
are determined by the court to be necessary to the welfare and well-being of the
child;

(2) The judge, prosecutor, accused, and counsel for the parties shall be in the
courtroom. The testimony of the child shall be transmitted by live-link television into
the courtroom for viewing and hearing by the judge, prosecutor, counsel for the
parties, accused, victim, and the public unless excluded.

(3) If it is necessary for the child to identify the accused at trial, the court may allow
the child to enter the courtroom for the limited purpose of identifying the accused, or
the court may allow the child to identify the accused by observing the image of the
latter on a television monitor.

(4) The court may set other conditions and limitations on the taking of the testimony
that it finds just and appropriate, taking into consideration the best interests of the
child.

(h) The testimony of the child shall be preserved on videotape, digital disc, or other similar
devices which shall be made part of the court record and shall be subject to a protective
order as provided in section 31(b).

Section 26. Screens, one-way mirrors, and other devices to shield child from accused. -

(a) The prosecutor or the guardian ad litem may apply for an order that the chair of the child
or that a screen or other device be placed in the courtroom in such a manner that the child
cannot see the accused while testifying. Before the guardian ad litem applies for an order
under this section, he shall consult with the prosecutor or counsel subject to the second and
third paragraphs of section 25(a) of this Rule. The court shall issue an order stating the
reasons and describing the approved courtroom arrangement.

(b) If the court grants an application to shield the child from the accused while testifying in
the courtroom, the courtroom shall be arranged to enable the accused to view the child.

Section 27. Videotaped deposition. -

(a) The prosecutor, counsel, or guardian ad litem may apply for an order that a deposition be
taken of the testimony of the child and that it be recorded and preserved on videotape.
Before the guardian ad litem applies for an order under this section, he shall consult with the
prosecutor or counsel subject to the second and third paragraphs of section 25(a).

(b) If the court finds that the child will not be able to testify in open court at trial, it shall issue
an order that the deposition of the child be taken and preserved by videotape.

(c) The judge shall preside at the videotaped deposition of a child. Objections to deposition
testimony or evidence, or parts thereof, and the grounds for the objection shall be stated and
shall be ruled upon at the time of the taking of the deposition. The other persons who may be
permitted to be present at the proceeding are:

(1) The prosecutor;

21
 (2) The defense counsel;

(3) The guardian ad litem;

(4) The accused, subject to sub-section (e);

(5) Other persons whose presence is determined by the court to be necessary to the
welfare and well-being of the child;

(6) One or both of his support persons, the facilitator and interpreter, if any;

(7) The court stenographer; and

(8) Persons necessary to operate the videotape equipment.

(d) The rights of the accused during trial, especially the right to counsel and to confront and
cross-examine the child, shall not be violated during the deposition.

(e) If the order of the court is based on evidence that the child is unable to testify in the
physical presence of the accused, the court may direct the latter to be excluded from the
room in which the deposition is conducted. In case of exclusion of the accused, the court
shall order that the testimony of the child be taken by live-link television in accordance with
section 25 of this Rule. If the accused is excluded from the deposition, it is not necessary
that the child be able to view an image of the accused.

(f) The videotaped deposition shall be preserved and stenographically recorded. The
videotape and the stenographic notes shall be transmitted to the clerk of the court where the
case is pending for safekeeping and shall be made a part of the record.

(g) The court may set other conditions on the taking of the deposition that it finds just and
appropriate, taking into consideration the best interests of the child, the constitutional rights
of the accused, and other relevant factors.

(h) The videotaped deposition and stenographic notes shall be subject to a protective order
as provided in section 31(b).

(i) If, at the time of trial, the court finds that the child is unable to testify for a reason stated in
section 25(f) of this Rule, or is unavailable for any reason described in section 4(c), Rule 23
of the 1997 Rules of Civil Procedure, the court may admit into evidence the videotaped
deposition of the child in lieu of his testimony at the trial. The court shall issue an order
stating the reasons therefor.

(j) After the original videotaping but before or during trial, any party may file any motion for
additional videotaping on the ground of newly discovered evidence. The court may order an
additional videotaped deposition to receive the newly discovered evidence.

Section 28. Hearsay exception in child abuse cases. - A statement made by a child describing
any act or attempted act of child abuse, not otherwise admissible under the hearsay rule, may be
admitted in evidence in any criminal or non-criminal proceeding subject to the following rules:

22
 (a) Before such hearsay statement may be admitted, its proponent shall make known to the
adverse party the intention to offer such statement and its particulars to provide him a fair
opportunity to object. If the child is available, the court shall, upon motion of the adverse
party, require the child to be present at the presentation of the hearsay statement for cross-
examination by the adverse party. When the child is unavailable, the fact of such
circumstance must be proved by the proponent.

(b) In ruling on the admissibility of such hearsay statement, the court shall consider the time,
content and circumstances thereof which provide sufficient indicia of reliability. It shall
consider the following factors:

(1) Whether there is a motive to lie;

(2) The general character of the declarant child;

(3) Whether more than one person heard the statement;

(4) Whether the statement was spontaneous;

(5) The timing of the statement and the relationship between the declarant child and
witness;

(6) Cross-examination could not show the lack of knowledge of the declarant child;

(7) The possibility of faulty recollection of the declarant child is remote; and

(8) The circumstances surrounding the statement are such that there is no reason to
suppose the declarant child misrepresented the involvement of the accused.

(c) The child witness shall be considered unavailable under the following situations:

(1) Is deceased, suffers from physical infirmity, lack of memory, mental illness, or will
be exposed to severe psychological injury; or

(2) Is absent from the hearing and the proponent of his statement has been unable to
procure his attendance by process or other reasonable means.

(d) When the child witness is unavailable, his hearsay testimony shall be admitted only if
corroborated by other admissible evidence.

Section 29. Admissibility of videotaped and audiotaped in-depth investigative or disclosure

interviews in child abuse cases. - The court may admit videotape and audiotape in-depth
investigative or disclosure interviews as evidence, under the following conditions:

(a) The child witness is unable to testify in court on grounds and under conditions
established under section 28 (c).

(b) The interview of the child was conducted by duly trained members of a multidisciplinary
team or representatives of law enforcement or child protective services in situations where
child abuse is suspected so as to determine whether child abuse occurred.

23
 (c) The party offering the videotape or audiotape must prove that:

(1) the videotape or audiotape discloses the identity of all individuals present and at
all times includes their images and voices;

(2) the statement was not made in response to questioning calculated to lead the
child to make a particular statement or is clearly shown to be the statement of the
child and not the product of improper suggestion;

(3) the videotape and audiotape machine or device was capable of recording
testimony;

(4) the person operating the device was competent to operate it;

(5) the videotape or audiotape is authentic and correct; and

(6) it has been duly preserved.

The individual conducting the interview of the child shall be available at trial for examination by any
party. Before the videotape or audiotape is offered in evidence, all parties shall be afforded an
opportunity to view or listen to it and shall be furnished a copy of a written transcript of the
proceedings.

The fact that an investigative interview is not videotaped or audiotaped as required by this section
shall not by itself constitute a basis to exclude from evidence out-of-court statements or testimony of
the child. It may, however, be considered in determining the reliability of the statements of the child
describing abuse.

Section 30. Sexual abuse shield rule. -

(a) Inadmissible evidence. - The following evidence is not admissible in any criminal
proceeding involving alleged child sexual abuse:

(1) Evidence offered to prove that the alleged victim engaged in other sexual
behavior; and

(2) Evidence offered to prove the sexual predisposition of the alleged victim.

(b) Exception. - Evidence of specific instances of sexual behavior by the alleged victim to
prove that a person other than the accused was the source of semen, injury, or other
physical evidence shall be admissible.

A party intending to offer such evidence must:

(1) File a written motion at least fifteen (15) days before trial, specifically describing the
evidence and stating the purpose for which it is offered, unless the court, for good cause,
requires a different time for filing or permits filing during trial; and

(2) Serve the motion on all parties and the guardian ad litem at least three (3) days before
the hearing of the motion.

24
Before admitting such evidence, the court must conduct a hearing in chambers and afford the child,
his guardian ad litem, the parties, and their counsel a right to attend and be heard. The motion and
the record of the hearing must be sealed and remain under seal and protected by a protective order
set forth in section 31(b). The child shall not be required to testify at the hearing in chambers except
with his consent.

Section 31. Protection of privacy and safety. -

(a) Confidentiality of records. - Any record regarding a child shall be confidential and kept
under seal. Except upon written request and order of the court, a record shall only be
released to the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies; and

(6) Other persons as determined by the court.

(b) Protective order. - Any videotape or audiotape of a child that is part of the court record
shall be under a protective order that provides as follows:

(1) Tapes may be viewed only by parties, their counsel, their expert witness, and the
guardian ad litem.

(2) No tape, or any portion thereof, shall be divulged by any person mentioned in
sub-section (a) to any other person, except as necessary for the trial.

(3) No person shall be granted access to the tape, its transcription or any part thereof
unless he signs a written affirmation that he has received and read a copy of the
protective order; that he submits to the jurisdiction of the court with respect to the
protective order; and that in case of violation thereof, he will be subject to the
contempt power of the court.

(4) Each of the tape cassettes and transcripts thereof made available to the parties,
their counsel, and respective agents shall bear the following cautionary notice:

"This object or document and the contents thereof are subject to a protective order
issued by the court in (case title) , (case number) . They shall not be examined,
inspected, read, viewed, or copied by any person, or disclosed to any person, except
as provided in the protective order. No additional copies of the tape or any of its
portion shall be made, given, sold, or shown to any person without prior court order.
Any person violating such protective order is subject to the contempt power of the
court and other penalties prescribed by law."

25
 (5) No tape shall be given, loaned, sold, or shown to any person except as ordered
by the court.

(6) Within thirty (30) days from receipt, all copies of the tape and any transcripts
thereof shall be returned to the clerk of court for safekeeping unless the period is
extended by the court on motion of a party.

(7) This protective order shall remain in full force and effect until further order of the
court.

(c) Additional protective orders. - The court may, motu proprio or on motion of any party, the
child, his parents, legal guardian, or the guardian ad litem, issue additional orders to protect
the privacy of the child.

(d) Publication of identity contemptuous. - Whoever publishes or causes to be published in

any format the name, address, telephone number, school, or other identifying information of
a child who is or is alleged to be a victim or accused of a crime or a witness thereof, or an
immediate family of the child shall be liable to the contempt power of the court.

(e) Physical safety of child; exclusion of evidence. - A child has a right at any court
proceeding not to testify regarding personal identifying information, including his name,
address, telephone number, school, and other information that could endanger his physical
safety or his family. The court may, however, require the child to testify regarding personal
identifying information in the interest of justice.

(f) Destruction of videotapes and audiotapes. - Any videotape or audiotape of a child

produced under the provisions of this Rule or otherwise made part of the court record shall
be destroyed after five (5) years have elapsed from the date of entry of judgment.

(g) Records of youthful offender. - Where a youthful offender has been charged before any
city or provincial prosecutor or before any municipal judge and the charges have been
ordered dropped, all the records of the case shall be considered as privileged and may not
be disclosed directly or indirectly to anyone for any purpose whatsoever.

Where a youthful offender has been charged and the court acquits him, or dismisses the case or
commits him to an institution and subsequently releases him pursuant to Chapter 3 of P. D. No. 603,
all the records of his case shall also be considered as privileged and may not be disclosed directly or
indirectly to anyone except to determine if a defendant may have his sentence suspended under
Article 192 of P. D. No. 603 or if he may be granted probation under the provisions of P. D. No. 968
or to enforce his civil liability, if said liability has been imposed in the criminal action. The youthful
offender concerned shall not be held under any provision of law to be guilty of perjury or of
concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him for any purpose.

"Records" within the meaning of this sub-section shall include those which may be in the files of the
National Bureau of Investigation and with any police department or government agency which may
have been involved in the case. (Art. 200, P. D. No. 603)

Section 32. Applicability of ordinary rules. - The provisions of the Rules of Court on deposition,
conditional examination of witnesses, and evidence shall be applied in a suppletory character.

26
Section 33. Effectivity. - This Rule shall take effect on December 15, 2000 following its publication
in two (2) newspapers of general circulation.

27
2007 Rule on the Writ of Amparo
A.M. No. 07-9-12-SC

SECTION 1. Petition. The petition for a writ of amparo is a remedy available to any person whose
right to life, liberty and security is violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

SEC. 2. Who May File. The petition may be filed by the aggrieved party or by any qualified person
or entity in the following order:

a. Any member of the immediate family, namely: the spouse, children and parents of the
aggrieved party;
b. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph;
or
c. Any concerned citizen, organization, association or institution, if there is no known member
of the immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file
similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved
party suspends the right of all others, observing the order established herein.

SEC. 3. Where to File. The petition may be filed on any day and at any time with the Regional
Trial Court of the place where the threat, act or omission was committed or any of its elements
occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of
such courts. The writ shall be enforceable anywhere in the Philippines.

When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such
court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial Court of the place where
the threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or
any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or
to any Regional Trial Court of the place where the threat, act or omission was committed or any of its
elements occurred.

SEC. 4. No Docket Fees. The petitioner shall be exempted from the payment of the docket and
other lawful fees when filing the petition. The court, justice or judge shall docket the petition and act
upon it immediately.

SEC. 5. Contents of Petition. The petition shall be signed and verified and shall allege the
following:

28
 a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the respondent responsible for the threat, act or
omission, or, if the name is unknown or uncertain, the respondent may be described by an
assumed appellation;
c. The right to life, liberty and security of the aggrieved party violated or threatened with
violation by an unlawful act or omission of the respondent, and how such threat or violation is
committed with the attendant circumstances detailed in supporting affidavits;
d. The investigation conducted, if any, specifying the names, personal circumstances, and
addresses of the investigating authority or individuals, as well as the manner and conduct of
the investigation, together with any report;
e. The actions and recourses taken by the petitioner to determine the fate or whereabouts of
the aggrieved party and the identity of the person responsible for the threat, act or omission;
and
f. The relief prayed for.

The petition may include a general prayer for other just and equitable reliefs.

SEC. 6. Issuance of the Writ. Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall
issue the writ under the seal of the court; or in case of urgent necessity, the justice or the judge may
issue the writ under his or her own hand, and may deputize any officer or person to serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later
than seven (7) days from the date of its issuance.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. A clerk of court who refuses to issue
the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished
by the court, justice or judge for contempt without prejudice to other disciplinary actions.

SEC. 8. How the Writ is Served. The writ shall be served upon the respondent by a judicial officer
or by a person deputized by the court, justice or judge who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally on the respondent, the rules on
substituted service shall apply.

SEC. 9. Return; Contents. Within seventy-two (72) hours after service of the writ, the respondent
shall file a verified written return together with supporting affidavits which shall, among other things,
contain the following:

a. The lawful defenses to show that the respondent did not violate or threaten with violation the
right to life, liberty and security of the aggrieved party, through any act or omission;
b. The steps or actions taken by the respondent to determine the fate or whereabouts of the
aggrieved party and the person or persons responsible for the threat, act or omission;
c. All relevant information in the possession of the respondent pertaining to the threat, act or
omission against the aggrieved party; and
d. If the respondent is a public official or employee, the return shall further state the actions that
have been or will still be taken:

i. to verify the identity of the aggrieved party;

ii. to recover and preserve evidence related to the death or disappearance of the
person identified in the petition which may aid in the prosecution of the person or
persons responsible;

29
 iii. to identify witnesses and obtain statements from them concerning the death or
disappearance;
iv. to determine the cause, manner, location and time of death or disappearance as well
as any pattern or practice that may have brought about the death or disappearance;
v. to identify and apprehend the person or persons involved in the death or
disappearance; and
vi. to bring the suspected offenders before a competent court.

The return shall also state other matters relevant to the investigation, its resolution and the
prosecution of the case.

A general denial of the allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. All defenses shall be raised in the return,
otherwise, they shall be deemed waived.

SEC. 11. Prohibited Pleadings and Motions. The following pleadings and motions are
prohibited:

a. Motion to dismiss;
b. Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings;
c. Dilatory motion for postponement;
d. Motion for a bill of particulars;
e. Counterclaim or cross-claim;
f. Third-party complaint;
g. Reply;
h. Motion to declare respondent in default;
i. Intervention;
j. Memorandum;
k. Motion for reconsideration of interlocutory orders or interim relief orders; and
l. Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 12. Effect of Failure to File Return. In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex parte.

SEC. 13. Summary Hearing. The hearing on the petition shall be summary. However, the court,
justice or judge may call for a preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.

The hearing shall be from day to day until completed and given the same priority as petitions for
habeas corpus.

SEC. 14. Interim Reliefs. Upon filing of the petition or at anytime before final judgment, the court,
justice or judge may grant any of the following reliefs:

(a) Temporary Protection Order. The court, justice or judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved party and any member of the immediate family
be protected in a government agency or by an accredited person or private institution
capable of keeping and securing their safety. If the petitioner is an organization, association
or institution referred to in Section 3(c) of this Rule, the protection may be extended to the
officers involved.

30
The Supreme Court shall accredit the persons and private institutions that shall extend
temporary protection to the petitioner or the aggrieved party and any member of the
immediate family, in accordance with guidelines which it shall issue.

The accredited persons and private institutions shall comply with the rules and conditions
that may be imposed by the court, justice or judge.

(b) Inspection Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession or control of a designated land or other
property, to permit entry for the purpose of inspecting, measuring, surveying, or
photographing the property or any relevant object or operation thereon.

The motion shall state in detail the place or places to be inspected. It shall be supported by
affidavits or testimonies of witnesses having personal knowledge of the enforced
disappearance or whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of the privileged nature of the
information, the court, justice or judge may conduct a hearing in chambers to determine the
merit of the opposition.

The movant must show that the inspection order is necessary to establish the right of the
aggrieved party alleged to be threatened or violated.

The inspection order shall specify the person or persons authorized to make the inspection
and the date, time, place and manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties. The order shall expire five (5) days
after the date of its issuance, unless extended for justifiable reasons.

(c) Production Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain evidence relevant to the
petition or the return, to produce and permit their inspection, copying or photographing by or
on behalf of the movant.

The motion may be opposed on the ground of national security or of the privileged nature of
the information, in which case the court, justice or judge may conduct a hearing in chambers
to determine the merit of the opposition.

The court, justice or judge shall prescribe other conditions to protect the constitutional rights
of all the parties.

(d) Witness Protection Order. The court, justice or judge, upon motion or motu proprio, may
refer the witnesses to the Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981.

The court, justice or judge may also refer the witnesses to other government agencies, or to
accredited persons or private institutions capable of keeping and securing their safety.

31
SEC. 15. Availability of Interim Reliefs to Respondent. Upon verified motion of the respondent
and after due hearing, the court, justice or judge may issue an inspection order or production order
under paragraphs (b) and (c) of the preceding section.

A motion for inspection order under this section shall be supported by affidavits or testimonies of
witnesses having personal knowledge of the defenses of the respondent.

SEC. 16. Contempt. The court, justice or judge may order the respondent who refuses to make a
return, or who makes a false return, or any person who otherwise disobeys or resists a lawful
process or order of the court to be punished for contempt. The contemnor may be imprisoned or
imposed a fine.

SEC. 17. Burden of Proof and Standard of Diligence Required. The parties shall establish their
claims by substantial evidence.

The respondent who is a private individual or entity must prove that ordinary diligence as required by
applicable laws, rules and regulations was observed in the performance of duty.

The respondent who is a public official or employee must prove that extraordinary diligence as
required by applicable laws, rules and regulations was observed in the performance of duty.

The respondent public official or employee cannot invoke the presumption that official duty has been
regularly performed to evade responsibility or liability.

SEC. 18. Judgment. The court shall render judgment within ten (10) days from the time the
petition is submitted for decision. If the allegations in the petition are proven by substantial evidence,
the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate;
otherwise, the privilege shall be denied.

SEC. 19. Appeal. Any party may appeal from the final judgment or order to the Supreme Court
under Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the adverse judgment.

The appeal shall be given the same priority as in habeas corpus cases.

SEC. 20. Archiving and Revival of Cases. The court shall not dismiss the petition, but shall
archive it, if upon its determination it cannot proceed for a valid cause such as the failure of
petitioner or witnesses to appear due to threats on their lives.

A periodic review of the archived cases shall be made by the amparo court that shall, motu proprio
or upon motion by any party, order their revival when ready for further proceedings. The petition
shall be dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years
from notice to the petitioner of the order archiving the case.

The clerks of court shall submit to the Office of the Court Administrator a consolidated list of archived
cases under this Rule not later than the first week of January of every year.

SEC. 21. Institution of Separate Actions. This Rule shall not preclude the filing of separate
criminal, civil or administrative actions.

32
SEC. 22. Effect of Filing of a Criminal Action. When a criminal action has been commenced, no
separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in
the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs available under the writ of
amparo.

SEC. 23. Consolidation. When a criminal action is filed subsequent to the filing of a petition for
the writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a petition for a writ of
amparo, the latter shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to apply to the disposition of the
reliefs in the petition.

SEC. 24. Substantive Rights. This Rule shall not diminish, increase or modify substantive rights
recognized and protected by the Constitution.

SEC. 25. Suppletory Application of the Rules of Court. The Rules of Court shall apply
suppletorily insofar as it is not inconsistent with this Rule.

SEC. 26. Applicability to Pending Cases. This Rule shall govern cases involving extralegal
killings and enforced disappearances or threats thereof pending in the trial and appellate courts.

SEC. 27. Effectivity. This Rule shall take effect on October 24, 2007, following its publication in
three (3) newspapers of general circulation.

33
2008 Rule on the Writ of Habeas Data
A. M. No. 08-1-16-SC

SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to any person whose
right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a
public official or employee, or of a private individual or entity engaged in the gathering, collecting or
storing of data or information regarding the person, family, home and correspondence of the
aggrieved party.

SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas data.
However, in cases of extralegal killings and enforced disappearances, the petition may be filed by:

(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children
and parents; or

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth
civil degree of consanguinity or affinity, in default of those mentioned in the preceding
paragraph; or

SEC. 3. Where to File. - The petition may be filed with the Regional Trial Court where the petitioner
or respondent resides, or that which has jurisdiction over the place where the data or information is
gathered, collected or stored, at the option of the petitioner.

The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan
when the action concerns public data files of government offices.

SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a Regional Trial Court or any
judge thereof, it shall be returnable before such court or judge.

When issued by the Court of Appeals or the Sandiganbayan or any of its justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial Court of the place where
the petitioner or respondent resides, or that which has jurisdiction over the place where the data or
information is gathered, collected or stored.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or
any justice thereof, or before the Court of Appeals or the Sandiganbayan or any of its justices, or to
any Regional Trial Court of the place where the petitioner or respondent resides, or that which has
jurisdiction over the place where the data or information is gathered, collected or stored.

The writ of habeas data shall be enforceable anywhere in the Philippines.

Sec. 5. Docket Fees. - No docket and other lawful fees shall be required from an indigent petitioner.
The petition of the indigent shall be docked and acted upon immediately, without prejudice to
subsequent submission of proof of indigency not later than fifteen (15) days from the filing of the
petition.

SEC. 6. Petition. - A verified written petition for a writ of habeas data should contain:

34
 (a) The personal circumstances of the petitioner and the respondent;

(b) The manner the right to privacy is violated or threatened and how it affects the right to
life, liberty or security of the aggrieved party;

(c) The actions and recourses taken by the petitioner to secure the data or information;

(d) The location of the files, registers or databases, the government office, and the person in
charge, in possession or in control of the data or information, if known;

(e) The reliefs prayed for, which may include the updating, rectification, suppression or
destruction of the database or information or files kept by the respondent.

In case of threats, the relief may include a prayer for an order enjoining the act
complained of; and

(f) Such other relevant reliefs as are just and equitable.

SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall
issue the writ under the seal of the court and cause it to be served within three (3) days from the
issuance; or, in case of urgent necessity, the justice or judge may issue the writ under his or her own
hand, and may deputize any officer or person serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later
than ten (10) work days from the date of its issuance.

SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court who refuses to issue
the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished
by the court, justice or judge for contempt without prejudice to other disciplinary actions.

SEC. 9. How the Writ is Served. - The writ shall be served upon the respondent by a judicial officer
or by a person deputized by the court, justice or judge who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally on the respondent, the rules on
substituted service shall apply.

SEC. 10. Return; Contents. - The respondent shall file a verified written return together with
supporting affidavits within five (5) working days from service of the writ, which period may be
reasonably extended by the Court for justifiable reasons. The return shall, among other things,
contain the following:

(a) The lawful defenses such as national security, state secrets, privileged communications,
confidentiality of the source of information of media and others;

(b) In case of respondent in charge, in possession or in control of the data or information

subject of the petition;

(i) a disclosure of the data or information about the petitioner, the nature of such data
or information, and the purpose for its collection;

35
 (ii) the steps or actions taken by the respondent to ensure the security and
confidentiality of the data or information; and,

(iii) the currency and accuracy of the data or information held; and,

(c) Other allegations relevant to the resolution of the proceeding.

A general denial of the allegations in the petition shall not be allowed.

SEC. 11. Contempt. - The court, justice or judge may punish with imprisonment or fine a respondent
who commits contempt by making a false return, or refusing to make a return; or any person who
otherwise disobeys or resist a lawful process or order of the court.

SEC. 12. When Defenses May be Heard in Chambers. - A hearing in chambers may be conducted
where the respondent invokes the defense that the release of the data or information in question
shall compromise national security or state secrets, or when the data or information cannot be
divulged to the public due to its nature or privileged character.

Sec. 13. Prohibited Pleadings and Motions. - The following pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondent in default;

(i) Intervention;

(j) Memorandum;

(k) Motion for reconsideration of interlocutory orders or interim relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 14. Return; Filing. - In case the respondent fails to file a return, the court, justice or judge
shall proceed to hear the petition ex parte, granting the petitioner such relief as the petition may
warrant unless the court in its discretion requires the petitioner to submit evidence.

36
SEC. 15. Summary Hearing. - The hearing on the petition shall be summary. However, the court,
justice or judge may call for a preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.

SEC. 16. Judgment. - The court shall render judgment within ten (10) days from the time the
petition is submitted for decision. If the allegations in the petition are proven by substantial evidence,
the court shall enjoin the act complained of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs as may be just and equitable;
otherwise, the privilege of the writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officers as may be
designated by the court, justice or judge within five (5) working days.

SEC. 17. Return of Service. - The officer who executed the final judgment shall, within three (3)
days from its enforcement, make a verified return to the court. The return shall contain a full
statement of the proceedings under the writ and a complete inventory of the database or information,
or documents and articles inspected, updated, rectified, or deleted, with copies served on the
petitioner and the respondent.

The officer shall state in the return how the judgment was enforced and complied with by the
respondent, as well as all objections of the parties regarding the manner and regularity of the service
of the writ.

SEC. 18. Hearing on Officers Return. - The court shall set the return for hearing with due notice to
the parties and act accordingly.

SEC. 19. Appeal. - Any party may appeal from the final judgment or order to the Supreme Court
under Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the judgment or final
order.

The appeal shall be given the same priority as in habeas corpus and amparo cases.

SEC. 20. Institution of Separate Actions. - The filing of a petition for the writ of habeas data shall
not preclude the filing of separate criminal, civil or administrative actions.

SEC. 21. Consolidation. - When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a petition for a writ
of habeas data, the petition shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to govern the disposition of the
reliefs in the petition.

SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action has been commenced, no
separate petition for the writ shall be filed. The relief under the writ shall be available to an aggrieved
party by motion in the criminal case.

37
The procedure under this Rule shall govern the disposition of the reliefs available under the writ
of habeas data.

SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or modify substantive rights.

SEC. 24. Suppletory Application of the Rules of Court. - The Rules of Court shall apply
suppletorily insofar as it is not inconsistent with this Rule.

SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008, following its publication in
three (3) newspapers of general circulation.

38
2002 Comprehensive Dangerous Drugs Act
RA 9165

Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs
Act of 2002".

Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs
on their physical and mental well-being, and to defend the same against acts or omissions
detrimental to their development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious
social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system of
planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with adequate amounts
of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-
integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.

ARTICLE I

Definition of terms

Section 3. Definitions. As used in this Act, the following terms shall mean:

(a) Administer. Any act of introducing any dangerous drug into the body of any person, with or
without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any
act of indispensable assistance to a person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for purposes of medication.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.

(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in
Section 34, Article VIII of this Act.

(d) Chemical Diversion. The sale, distribution, supply or transport of legitimately imported, in-
transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures
or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug,
and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction
through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.

39
(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous drug
and/or controlled precursor and essential chemical.

(f) Confirmatory Test. An analytical test using a device, tool or equipment with a different chemical
or physical principle that is more specific which will validate and confirm the result of the screening
test.

(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect

consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment
or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass
into, through or out of the country under the supervision of an authorized officer, with a view to
gathering evidence to identify any person involved in any dangerous drugs related offense, or to
facilitate prosecution of that offense.

(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of the
1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as
enumerated in the attached annex, which is an integral part of this Act.

(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of a dangerous drug.

(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single Convention
on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.

(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.

(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in
any form.

(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with
or without the use of prescription.

(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.

(o) Drug Syndicate. Any organized group of two (2) or more persons forming or joining together
with the intention of committing any offense prescribed under this Act.

(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and other persons
working in the den, dive or resort, employed by the maintainer, owner and/or operator where any
dangerous drug and/or controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with the operation thereof.

40
(q) Financier. Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.

(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession of
any dangerous drug and/or controlled precursor and essential chemical.

(s) Instrument. Any thing that is used in or intended to be used in any manner in the commission of
illegal drug trafficking or related offenses.

(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when used,
intended for use or designed for use in the manufacture of any dangerous drug and/or controlled
precursor and essential chemical, such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

(u) Manufacture. The production, preparation, compounding or processing of any dangerous drug
and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis, and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labeling or relabeling of its container; except that
such terms do not include the preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her administration or dispensation
of such drug or substance in the course of his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such substances that are not intended for sale or for
any other purpose.

(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name.
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not
limited to, Cannabis americana,hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting
tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether
as a reefer, resin, extract, tincture or in any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other

name. Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any
other name. Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.

(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse
of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium
poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or
not.

(z) Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the
seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.

41
(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this
Act.

(bb) Person. Any entity, natural or juridical, including among others, a corporation, partnership,
trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated
organization or group capable of acquiring rights or entering into obligations.

(cc) Planting of Evidence. The willful act by any person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity
of any dangerous drug and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any violation of this Act.

(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the Philippines.

(ee) Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.

(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such transactions, in violation of this Act.

(gg) School. Any educational institution, private or public, undertaking educational operation for
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers,
usually located in a building or a group of buildings in a particular physical or cyber site.

(hh) Screening Test. A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.

(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms
or acting as a broker in any of such transactions whether for money or any other consideration in
violation of this Act.

(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system
of the body, and of the dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.-
.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos

42
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of
the quantity and purity involved, including any and all species of opium poppy or any part thereof or
substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import
any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or
controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her official status intended to facilitate the unlawful entry of
the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any

dangerous drug and/or controlled precursor and essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein provided be
the proximate cause of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.

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The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den,
dive or resort where any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a
den, dive, or resort where any controlled precursor and essential chemical is used or sold in any
form.

The maximum penalty provided for under this Section shall be imposed in every case where any
dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such
a place.

Should any dangerous drug be the proximate cause of the death of a person using the same in such
den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to
Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated
in favor of the government: Provided, That the criminal complaint shall specifically allege that such
place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution
shall prove such intent on the part of the owner to use the property for such purpose: Provided,
finally, That the owner shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such;
and

(b) Any person who, not being included in the provisions of the next preceding, paragraph, is
aware of the nature of the place as such and shall knowingly visit the same

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Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or established
under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help
of minor/s:

(b) Any phase or manufacturing process was established or undertaken within one hundred
(100) meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall illegally
divert any controlled precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture
with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs,
knowing, or under circumstances where one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.

45
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any person, who uses
a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and
other paraphernalia for dangerous drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous
drug in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging
from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or

46
 three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana;
and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. -The penalty of imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or
have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous
drug into the body: Provided, That in the case of medical practitioners and various professionals who
are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice
of their profession, the Board shall prescribe the necessary implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for
any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the
possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have violated Section 15 of this Act.

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Any
person found possessing any dangerous drug during a party, or at a social gathering or meeting, or
in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided
for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided
for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under
his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the
body, during parties, social gatherings or meetings, or in the proximate company of at least two (2)
persons.

Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve
(12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is
also found to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.

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Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall
plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is
or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug
may be manufactured or derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of
such dangerous drugs for medical experiments and research purposes, or for the creation of new
types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured
shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. If the
land involved is part of the public domain, the maximum penalty provided for under this Section shall
be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from
one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with
the maintenance and keeping of the original records of transactions on any dangerous drug and/or
controlled precursor and essential chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who
shall prescribe any dangerous drug to any person whose physical or physiological condition does
not require the use or in the dosage prescribed therein, as determined by the Board in consultation
with recognized competent experts who are authorized representatives of professional organizations
of practitioners, particularly those who are involved in the care of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

48
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or
Precursors and Essential Chemicals. Every penalty imposed for the unlawful importation, sale,
trading, administration, dispensation, delivery, distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of
plants which are sources of dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall
carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful act was committed,
unless they are the property of a third person not liable for the unlawful act, but those which are not
of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section
21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense
and all the assets and properties of the accused either owned or held by him or in the name of some
other persons if the same shall be found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off
not later than five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and
the same shall be in custodia legisand no bond shall be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section
shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending disposition, as well as expenses for publication
and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used
in its campaign against illegal drugs.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after

49
 the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs,
plant sources of dangerous drugs, and controlled precursors and essential chemicals does
not allow the completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of dangerous drugs still to
be examined by the forensic laboratory: Provided, however, That a final certification shall be
issued on the completed forensic laboratory examination on the same within the next twenty-
four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall
within twenty-four (24) hours thereafter proceed with the destruction or burning of the same,
in the presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the media and the
DOJ, civil society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s which shall be
borne by the offender: Provided, That those item/s of lawful commerce, as determined by the
Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a
representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the custody of the
PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission
of guilt. In case the said offender or accused refuses or fails to appoint a representative after
due notice in writing to the accused or his/her counsel within seventy-two (72) hours before
the actual burning or destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of
the final termination of the case and, in turn, shall request the court for leave to turn over the
said representative sample/s to the PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous drugs provided under this Section
shall be implemented by the DOH.

Section 22. Grant of Compensation, Reward and Award. The Board shall recommend to the
concerned government agency the grant of compensation, reward and award to any person
providing information and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.

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Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person
convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.

Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender

Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable.

Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful
acts shall be penalized by the same penalty prescribed for the commission of the same as provided
under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical;
and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources
of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act
Committed. The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute
perpetual disqualification from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered
dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have received any financial or material contributions or
donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed
in this Act, shall be removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and intermediaries, including
government-owned or controlled corporations.

Section 28. Criminal Liability of Government Officials and Employees. The maximum penalties of
the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual

51
disqualification from any public office, if those found guilty of such unlawful acts are government
officials and employees.

Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting"
any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death.

Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other

Juridical Entities. In case any violation of this Act is committed by a partnership, corporation,
association or any juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally
liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner, president,
director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or
consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment
or other instrument is owned by or under the control or supervision of the partnership, corporation,
association or juridical entity to which they are affiliated.

Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the
unlawful act committed, any alien who violates such provisions of this Act shall, after service of
sentence, be deported immediately without further proceedings, unless the penalty is death.

Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The penalty of
imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.

Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act
No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the
offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts,
identities and arrest of all or any of the members thereof; and who willingly testifies against such
persons as described above, shall be exempted from prosecution or punishment for the offense with
reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions
concur:

(1) The information and testimony are necessary for the conviction of the persons described
above;

(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;

52
 (4) the informant or witness has not been previously convicted of a crime involving moral
turpitude, except when there is no other direct evidence available for the State other than the
information and testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for
the grant of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not
appear to be most guilty for the offense with reference to which his/her information or testimony were
given: Provided, finally, That there is no direct evidence available for the State except for the
information and testimony of the said informant or witness.

Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or
witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that
the information and/or testimony is false, malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in the preceding Section against whom
such information or testimony is directed against. In such case, the informant or witness shall be
subject to prosecution and the enjoyment of all rights and benefits previously accorded him under
this Act or any other law, decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as
provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt
and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits
previously accorded him under this Act or in any other law, decree or order shall be deemed
terminated.

In case the informant or witness referred to under this Act falls under the applicability of this Section
hereof, such individual cannot avail of the provisions under Article VIII of this Act.

Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, the rights of parental authority or guardianship,
either as to the person or property of any ward, the rights to dispose of such property by any act or
any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be
voted for. Such rights shall also be suspended during the pendency of an appeal from such
conviction.

ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any government
forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH
to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test
with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug
testing shall employ, among others, two (2) testing methods, the screening test which will determine
the positive result as well as the type of the drug used and the confirmatory test which will confirm a
positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid
for a one-year period from the date of issue which may be used for other purposes. The following
shall be subjected to undergo drug testing:

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 (a) Applicants for driver's license. No driver's license shall be issued or renewed to any
person unless he/she presents a certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of residence. All
applicants for firearm's license and permit to carry firearms outside of residence shall
undergo a mandatory drug test to ensure that they are free from the use of dangerous
drugs: Provided, That all persons who by the nature of their profession carry firearms shall
undergo drug testing;

(c) Students of secondary and tertiary schools. Students of secondary and tertiary schools
shall, pursuant to the related rules and regulations as contained in the school's student
handbook and with notice to the parents, undergo a random drug testing: Provided, That all
drug testing expenses whether in public or private schools under this Section will be borne
by the government;

(d) Officers and employees of public and private offices. Officers and employees of public
and private offices, whether domestic or overseas, shall be subjected to undergo a random
drug test as contained in the company's work rules and regulations, which shall be borne by
the employer, for purposes of reducing the risk in the workplace. Any officer or employee
found positive for use of dangerous drugs shall be dealt with administratively which shall be
a ground for suspension or termination, subject to the provisions of Article 282 of the Labor
Code and pertinent provisions of the Civil Service Law;

(e) Officers and members of the military, police and other law enforcement agencies.
Officers and members of the military, police and other law enforcement agencies shall
undergo an annual mandatory drug test;

(f) All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have
to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.

Section 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized, licensed
or accredited under this Act and its implementing rules to conduct drug examination or test, who
issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her
profession in case of a practitioner, and the closure of the drug testing center.

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to

Section 15 of this Act, any person apprehended or arrested for violating the provisions of this Act
shall be subjected to screening laboratory examination or test within twenty-four (24) hours, if the
apprehending or arresting officer has reasonable ground to believe that the person apprehended or

54
arrested, on account of physical signs or symptoms or other visible or outward manifestation, is
under the influence of dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result
through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and accepted method, if
confirmed the same shall be prima facie evidence that such person has used dangerous drugs,
which is without prejudice for the prosecution for other violations of the provisions of this
Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court
of law.

Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be tasked to
license and accredit drug testing centers in each province and city in order to assure their capacity,
competence, integrity and stability to conduct the laboratory examinations and tests provided in this
Article, and appoint such technical and other personnel as may be necessary for the effective
implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as the after-care and follow-up program for
the said drug dependent. There shall be a control regulations, licensing and accreditation division
under the supervision of the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in government
hospitals, which must be provided at least with basic technologically advanced equipment and
materials, in order to conduct the laboratory examination and tests herein provided, and appoint
such qualified and duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.

Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential
Chemicals.

a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential
chemicals shall maintain and keep an original record of sales, purchases, acquisitions and
deliveries of dangerous drugs, indicating therein the following information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or wholesaler from
whom the dangerous drugs have been purchased;

(3) Quantity and name of the dangerous drugs purchased or acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the buyer;

(6) Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and

(8) Date of sale or delivery.

55
 A certified true copy of such record covering a period of six (6) months, duly signed by the
pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be
forwarded to the Board within fifteen (15) days following the last day of June and December
of each year, with a copy thereof furnished the city or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous

drug shall issue the prescription therefor in one (1) original and two (2) duplicate copies. The
original, after the prescription has been filled, shall be retained by the pharmacist for a period
of one (1) year from the date of sale or delivery of such drug. One (1) copy shall be retained
by the buyer or by the person to whom the drug is delivered until such drug is consumed,
while the second copy shall be retained by the person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or
practitioners shall be written on forms exclusively issued by and obtainable from the DOH.
Such forms shall be made of a special kind of paper and shall be distributed in such
quantities and contain such information and other data as the DOH may, by rules and
regulations, require. Such forms shall only be issued by the DOH through its authorized
employees to licensed physicians, dentists, veterinarians and practitioners in such quantities
as the Board may authorize. In emergency cases, however, as the Board may specify in the
public interest, a prescription need not be accomplished on such forms. The prescribing
physician, dentist, veterinarian or practitioner shall, within three (3) days after issuing such
prescription, inform the DOH of the same in writing. No prescription once served by the
drugstore or pharmacy be reused nor any prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous
drugs and/or controlled precursors and essential chemicals shall keep a record of all
inventories, sales, purchases, acquisitions and deliveries of the same as well as the names,
addresses and licenses of the persons from whom such items were purchased or acquired
or to whom such items were sold or delivered, the name and quantity of the same and the
date of the transactions. Such records may be subjected anytime for review by the Board.

ARTICLE IV

Participation of the Family, Students, Teachers and School Authorities in the Enforcement of
this Act

Section 41. Involvement of the Family. The family being the basic unit of the Filipino society shall
be primarily responsible for the education and awareness of the members of the family on the ill
effects of dangerous drugs and close monitoring of family members who may be susceptible to drug
abuse.

Section 42. Student Councils and Campus Organizations. All elementary, secondary and tertiary
schools' student councils and campus organizations shall include in their activities a program for the
prevention of and deterrence in the use of dangerous drugs, and referral for treatment and
rehabilitation of students for drug dependence.

Section 43. School Curricula. Instruction on drug abuse prevention and control shall be integrated
in the elementary, secondary and tertiary curricula of all public and private schools, whether general,
technical, vocational or agro-industrial as well as in non-formal, informal and indigenous learning
systems. Such instructions shall include:

56
 (1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family,
the school and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of
the drug problem;

(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the
services available for the treatment and rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the
importance and safety of dangerous drugs for medical and therapeutic use as well as the
differentiation between medical patients and drug dependents in order to avoid confusion
and accidental stigmatization in the consciousness of the students.

Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the
provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed
persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the
apprehension or arrest of any person who shall violate any of the said provisions, pursuant to
Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in
the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as school heads, supervisors, and
teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its
immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same
to the school head or immediate superior who shall, in turn, report the matter to the proper
authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation
shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities.

Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the assistance of
the Board, the Secretary of the Department of Education (DepEd), the Chairman of the Commission
on Higher Education (CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication and distribution of
information and support educational materials on dangerous drugs to the students, the faculty, the
parents, and the community.

Section 46. Special Drug Education Center. With the assistance of the Board, the Department of
the Interior and Local Government (DILG), the National Youth Commission (NYC), and the
Department of Social Welfare and Development (DSWD) shall establish in each of its provincial
office a special education drug center for out-of-school youth and street children. Such Center which
shall be headed by the Provincial Social. Welfare Development Officer shall sponsor drug prevention
programs and activities and information campaigns with the end in view of educating the out-of-
school youth and street children regarding the pernicious effects of drug abuse. The programs
initiated by the Center shall likewise be adopted in all public and private orphanage and existing
special centers for street children.

ARTICLE V

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 Promotion of a National Drug-Free Workplace Program With the Participation of Private and
Labor Sectors and the Department of Labor and Employment

Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free
workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor
and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention
program in the workplace to be adopted by private companies with ten (10) or more employees.
Such program shall include the mandatory drafting and adoption of company policies against drug
use in the workplace in close consultation and coordination with the DOLE, labor and employer
organizations, human resource development managers and other such private sector organizations.

Section 48. Guidelines for the National Drug-Free Workplace Program. The Board and the DOLE
shall formulate the necessary guidelines for the implementation of the national drug-free workplace
program. The amount necessary for the implementation of which shall be included in the annual
General Appropriations Act.

ARTICLE VI

Participation of the Private and Labor Sectors in the Enforcement of this Act

Section 49. Labor Organizations and the Private Sector. All labor unions, federations,
associations, or organizations in cooperation with the respective private sector partners shall include
in their collective bargaining or any similar agreements, joint continuing programs and information
campaigns for the laborers similar to the programs provided under Section 47 of this Act with the
end in view of achieving a drug free workplace.

Section 50. Government Assistance. The labor sector and the respective partners may, in pursuit
of the programs mentioned in the preceding Section, secure the technical assistance, such as but
not limited to, seminars and information dissemination campaigns of the appropriate government
and law enforcement agencies.

ARTICLE VII

Participation of Local Government Units

Section 51. Local Government Units' Assistance. Local government units shall appropriate a
substantial portion of their respective annual budgets to assist in or enhance the enforcement of this
Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug
dependents.

Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which have
been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs
may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the
following procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to hear
complaints regarding the nuisances;

(2) any employee, officer, or resident of the city or municipality may bring a complaint before
the Board after giving not less than three (3) days written notice of such complaint to the
owner of the place or premises at his/her last known address; and

58
 (3) After hearing in which the Board may consider any evidence, including evidence of the
general reputation of the place or premises, and at which the owner of the premises shall
have an opportunity to present evidence in his/her defense, the Board may declare the place
or premises to be a public nuisance.

Section 53. Effect of Board Declaration. If the Board declares a place or premises to be a public
nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of
any business or activity on the premises which is conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such earlier time as stated in
the order. The Board may bring a complaint seeking a permanent injunction against any nuisance
described under this Section.

This Article does not restrict the right of any person to proceed under the Civil Code against any
public nuisance.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and

Rehabilitation. A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter
to the Court which shall order that the applicant be examined for drug dependency. If the
examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6)
months: Provided, That a drug dependent may be placed under the care of a DOH-accredited
physician where there is no Center near or accessible to the residence of the drug dependent or
where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-
confinement in a Center will not pose a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which
time the Court, as well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine whether further confinement
will be for the welfare of the drug dependent and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program, who is finally discharged from confinement,
shall be exempt from the criminal liability under Section 15 of this act subject to the following
conditions:

(1) He/she has complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least eighteen
(18) months following temporary discharge from confinement in the Center or, in the case of
a dependent placed under the care of the DOH-accredited physician, the after-care program
and follow-up schedule formulated by the DSWD and approved by the Board: Provided, That
capability-building of local government social workers shall be undertaken by the DSWD;

59
 (2) He/she has never been charged or convicted of any offense punishable under this Act,
the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal
Code, as amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she escaped,
he/she surrendered by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, within one (1) week from the date of the
said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the community by
his/her exemption from criminal liability.

Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the
Voluntary Submission Program. Upon certification of the Center that the drug dependent within the
voluntary submission program may be temporarily released, the Court shall order his/her release on
condition that said drug dependent shall report to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding eighteen (18) months under such terms and
conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated,
he/she may be discharged by the Court, subject to the provisions of Section 55 of this Act, without
prejudice to the outcome of any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up program of eighteen
(18) months, the drug dependent requires further treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and follow-up program pursuant to
this Section.

Section 57. Probation and Community Service Under the Voluntary Submission Program. A drug
dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal liability under Section 55 of
this Act, may be charged under the provisions of this Act, but shall be placed on probation and
undergo a community service in lieu of imprisonment and/or fine in the discretion of the court,
without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with nongovernmental civil organizations accredited by
the DSWD, with the recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the
Voluntary Submission Program. A drug dependent, who is not rehabilitated after the second
commitment to the Center under the voluntary submission program, shall, upon recommendation of
the Board, be charged for violation of Section 15 of this Act and prosecuted like any other offender. If
convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in
the service of his/her sentence.

Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary
Submission Program. Should a drug dependent under the voluntary submission program escape
from the Center, he/she may submit himself/herself for recommitment within one (1) week therefrom,
or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity

60
may, within said period, surrender him for recommitment, in which case the corresponding order
shall be issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board
shall apply to the court for a recommitment order upon proof of previous commitment or his/her
voluntary submission by the Board, the court may issue an order for recommitment within one (1)
week.

If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she
shall be charged for violation of Section 15 of this Act and he subjected under section 61 of this Act,
either upon order of the Board or upon order of the court, as the case may be.

Section 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial and
medical records of drug dependents under the voluntary submission program shall be confidential
and shall not be used against him for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this program.

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the
Voluntary Submission Program. Notwithstanding any law, rule and regulation to the contrary, any
person determined and found to be dependent on dangerous drugs shall, upon petition by the Board
or any of its authorized representative, be confined for treatment and rehabilitation in any Center
duly designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center
may be filed by any person authorized by the Board with the Regional Trial Court of the province or
city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a
copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and
to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board. If both physicians conclude that the
respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds
him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which
may be offered. If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event,
the order of discharge or order of confinement or commitment shall be issued not later than fifteen
(15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment
and Rehabilitation. If a person charged with an offense where the imposable penalty is
imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the
court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the
case may be, shall suspend all further proceedings and transmit copies of the record of the case to
the Board.

In the event he Board determines, after medical examination, that public interest requires that such
drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for
his/her commitment with the regional trial court of the province or city where he/she is being

61
investigated or tried: Provided, That where a criminal case is pending in court, such petition shall be
filed in the said court. The court shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her
commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the
court every four (4) months, or as often as the court may require, a written report on the progress of
the treatment. If the dependent is rehabilitated, as certified by the center and the Board, he/she shall
be returned to the court, which committed him, for his/her discharge therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall
continue, as the case may be. In case of conviction, the judgment shall, if the accused is certified by
the treatment and rehabilitation center to have maintained good behavior, indicate that he/she shall
be given full credit for the period he/she was confined in the Center: Provided, however, That when
the offense is for violation of Section 15 of this Act and the accused is not a recidivist, the penalty
thereof shall be deemed to have been served in the Center upon his/her release therefrom after
certification by the Center and the Board that he/she is rehabilitated.

Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program. The period of prescription of the offense charged against a drug dependent
under the compulsory submission program shall not run during the time that the drug dependent is
under confinement in a Center or otherwise under the treatment and rehabilitation program approved
by the Board.

Upon certification of the Center that he/she may temporarily be discharged from the said Center, the
court shall order his/her release on condition that he/she shall report to the Board through the DOH
for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such
terms and conditions as may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final discharge from confinement and order for the
immediate resumption of the trial of the case for which he/she is originally charged. Should the
Board through the DOH find at anytime during the after-care and follow-up period that he/she
requires further treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the Board escape
therefrom, he/she may resubmit himself/herself for confinement within one (1) week from the date of
his/her escape; or his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within the same period, surrender him for recommitment. If, however,
the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered
for recommitment, the Board may apply with the court for the issuance of the recommitment order.
Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent
to such recommitment, he/she should escape again, he/she shall no longer be exempt from criminal
liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from
confinement shall be exempt from criminal liability under Section 15 of this Act, without prejudice to
the outcome of any pending case filed in court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate
court, suffer the same penalties provided for under Section 15 of this Act again without prejudice to
the outcome of any pending case filed in court.

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Section 64. Confidentiality of Records Under the Compulsory Submission Program. The records
of a drug dependent who was rehabilitated and discharged from the Center under the compulsory
submission program, or who was charged for violation of Section 15 of this Act, shall be covered by
Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who
escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the
court and their use shall be determined by the court, taking into consideration public interest and the
welfare of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the provincial or the
city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all
proceedings arising from this Act.

Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over
fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this
Act, but not more than eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special
penal laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-
accredited physician; and

(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period ranging from
six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the accused under suspended sentence
to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care
and follow-up program for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense
penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without
prejudice to the application of the provisions of this Section.

Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time
Minor Offender. If the accused first time minor offender under suspended sentence complies with
the applicable rules and regulations of the Board, including confinement in a Center, the court, upon
a favorable recommendation of the Board for the final discharge of the accused, shall discharge the
accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to
expunge all official records, other than the confidential record to be retained by the DOJ relating to
the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status
prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any purpose.

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Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor
Offender. The privilege of suspended sentence shall be availed of only once by an accused drug
dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of
the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when
judgment should have been promulgated.

Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time
minor offender violates any of the conditions of his/her suspended sentence, the applicable rules
and regulations of the Board exercising supervision and rehabilitative surveillance over him,
including the rules and regulations of the Center should confinement be required, the court shall
pronounce judgment of conviction and he/she shall serve sentence as any other convicted person.

Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place the
accused under probation, even if the sentence provided under this Act is higher than that provided
under existing law on probation, or impose community service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through
the DOH in coordination with the Board of Pardons and Parole and the Probation Administration.
Upon compliance with the conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the probationer, whereupon
the court shall issue such an order.

The community service shall be complied with under conditions, time and place as may be
determined by the court in its discretion and upon the recommendation of the Board and shall apply
only to violators of Section 15 of this Act. The completion of the community service shall be under
the supervision and rehabilitative surveillance of the Board during the period required by the court.
Thereafter, the Board shall render a report on the manner of compliance of said community service.
The court in its discretion may require extension of the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this
Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by
the accused during the suspended sentence period shall be deducted from the sentence to be
served.

Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential
record of the proceedings on suspension of sentence and shall not be used for any purpose other
than to determine whether or not a person accused under this Act is a first-time minor offender.

Section 72. Liability of a Person Who Violates the Confidentiality of Records. The penalty of
imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from
One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any
person who, having official custody of or access to the confidential records of any drug dependent
under voluntary submission programs, or anyone who, having gained possession of said records,
whether lawfully or not, reveals their content to any person other than those charged with the
prosecution of the offenses under this Act and its implementation. The maximum penalty shall be
imposed, in addition to absolute perpetual disqualification from any public office, when the offender
is a government official or employee. Should the records be used for unlawful purposes, such as
blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime
of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.

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Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or
any Concerned Agency. Any parent, spouse or guardian who, without valid reason, refuses to
cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug
dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or other
programs for the welfare of the accused drug dependent, whether under voluntary submission
program or compulsory submission program, may be cited for contempt by the court.

Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The parent,
spouse, guardian or any relative within the fourth degree of consanguinity of any person who is
confined under the voluntary submission program or compulsory submission program shall be
charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of
which shall be formulated by the DSWD taking into consideration the economic status of the family
of the person confined. The guidelines therein formulated shall be implemented by a social worker of
the local government unit.

Section 75. Treatment and Rehabilitation Centers. The existing treatment and rehabilitation
centers for drug dependents operated and maintained by the NBI and the PNP shall be operated,
maintained and managed by the DOH in coordination with other concerned agencies. For the
purpose of enlarging the network of centers, the Board through the DOH shall encourage, promote
or whenever feasible, assist or support in the establishment, operations and maintenance of private
centers which shall be eligible to receive grants, donations or subsidy from either government or
private sources. It shall also support the establishment of government-operated regional treatment
and rehabilitation centers depending upon the availability of funds. The national government,
through its appropriate agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center
in each province, depending on the availability of funds.

Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act.
The DOH shall:

(1) Oversee the monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and activities as well
as the establishment, operations, maintenance and management of privately-owned drug
treatment rehabilitation centers and drug testing networks and laboratories throughout the
country in coordination with the DSWD and other agencies;

(2) License, accredit, establish and maintain drug test network and laboratory, initiate,
conduct and support scientific research on drugs and drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting
minimum standards for their accreditation to assure their competence, integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the establishment of such
Centers as it may deem necessary after conducting a feasibility study thereof;

(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of
violating this Act, order the closure of a Center for treatment and rehabilitation of drug
dependency when, after investigation it is found guilty of violating the provisions of this Act or
regulations issued by the Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal
services provided to the public, which shall accrue to the Board. All income derived from

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 these sources shall be part of the funds constituted as special funds for the implementation
of this Act under Section 87.

ARTICLE IX

Dangerous Drugs Board and Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and strategy-
formulating body in the planning and formulation of policies and programs on drug prevention and
control. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy. It shall be under the Office of the President.

Section 78. Composition of the Board. The Board shall be composed of seventeen (17) members
wherein three (3) of which are permanent members, the other twelve (12) members shall be in an ex
officio capacity and the two (2) shall be regular members.

The three (3) permanent members, who shall possess at least seven-year training and experience in
the field of dangerous drugs and in any of the following fields: in law, medicine, criminology,
psychology or social work, shall be appointed by the President of the Philippines. The President
shall designate a Chairman, who shall have the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years. Of the two (2) other members, who shall both
have the rank of undersecretary, one (1) shall serve for four (4) years and the other for two (2) years.
Thereafter, the persons appointed to succeed such members shall hold office for a term of six (6)
years and until their successors shall have been duly appointed and qualified.

The other twelve (12) members who shall be ex officio members of the Board are the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her
representative;

(7) Secretary of the Department of Social Welfare and Development or his/her

representative;

(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission;

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 (12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly authorized and
permanent representatives whose ranks shall in no case be lower than undersecretary.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

(b) The chairman or president of a non-government organization involved in dangerous drug

campaign to be appointed by the President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board,
and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per diem for every
meeting actually attended subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where the representative of an ex
officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.

Section 79. Meetings of the Board. The Board shall meet once a week or as often as necessary at
the discretion of the Chairman or at the call of any four (4) other members. The presence of nine (9)
members shall constitute a quorum.

Section 80. Secretariat of the Board. The Board shall recommend to the President of the
Philippines the appointment of an Executive Director, with the rank of an undersecretary, who shall
be the Secretary of the Board and administrative officer of its secretariat, and shall perform such
other duties that may be assigned to him/her. He/she must possess adequate knowledge, training
and experience in the field of dangerous drugs, and in any of the following fields: law enforcement,
law, medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of assistant
secretary, shall be appointed by the President upon recommendation of the Board. They shall
possess the same qualifications as those of the executive director. They shall receive a salary
corresponding to their position as prescribed by the Salary Standardization Law as a Career Service
Officer.

The existing secretariat of the Board shall be under the administrative control and supervision of the
Executive Director. It shall be composed of the following divisions, namely: Policy Studies, Research
and Statistics; Preventive Education, Training and Information; Legal Affairs; and the Administrative
and Financial Management.

Section 81. Powers and Duties of the Board. The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced
national drug use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of
this Act, including the manner of safekeeping, disposition, burning or condemnation of any
dangerous drug and/or controlled precursor and essential chemical under its charge and

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custody, and prescribe administrative remedies or sanctions for the violations of such rules
and regulations;

(c) Conduct policy studies, program monitoring and evaluations and other researches on
drug prevention, control and enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and
biological researches on dangerous drugs and dangerous drugs prevention and control
measures;

(e) Develop an educational program and information drive on the hazards and prevention of
illegal use of any dangerous drug and/or controlled precursor and essential chemical based
on factual data, and disseminate the same to the general public, for which purpose the Board
shall endeavor to make the general public aware of the hazards of any dangerous drugs
and/or controlled precursor and essential chemical by providing among others, literature,
films, displays or advertisements and by coordinating with all institutions of learning as well
as with all national and local enforcement agencies in planning and conducting its
educational campaign programs to be implemented by the appropriate government
agencies;

(f) Conduct continuing seminars for, and consultations with, and provide information
materials to judges and prosecutors in coordination with the Office of the Court
Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which aim to
provide them with the current developments and programs of the Board pertinent to its
campaign against dangerous drugs and its scientific researches on dangerous drugs, its
prevention and control measures;

(g) Design special trainings in order to provide law enforcement officers, members of the
judiciary, and prosecutors, school authorities and personnel of centers with knowledge and
know-how in dangerous drugs and/or controlled precursors and essential chemicals control
in coordination with the Supreme Court to meet the objectives of the national drug control
programs;

(h) Design and develop, in consultation and coordination with the DOH, DSWD and other
agencies involved in drugs control, treatment and rehabilitation, both public and private, a
national treatment and rehabilitation program for drug dependents including a standard
aftercare and community service program for recovering drug dependents;

(i) Design and develop, jointly with the DOLE and in consultation with labor and employer
groups as well as nongovernment organizations a drug abuse prevention program in the
workplace that would include a provision for employee assistance programs for emotionally-
stressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or substandard
rehabilitation centers based on verified reports of human rights violations, subhuman
conditions, inadequate medical training and assistance and excessive fees for
implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of such
centers, networks and laboratories as deemed necessary after conducting a feasibility study
in coordination with the DOH and other government agencies;

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(l) Receive, gather, collect and evaluate all information on the importation, exportation,
production, manufacture, sale, stocks, seizures of and the estimated need for any dangerous
drug and/or controlled precursor and essential chemical, for which purpose the Board may
require from any official, instrumentality or agency of the government or any private person
or enterprise dealing in, or engaged in activities having to do with any dangerous drug and/or
controlled precursors and essential chemicals such data or information as it may need to
implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation, manufacture,
stocks, seizures of and estimates need for any dangerous drug and/or controlled precursors
and essential chemicals and such other statistical data on said drugs as may be periodically
required by the United Nations Narcotics Drug Commission, the World Health Organization
and other international organizations in consonance with the country's international
commitments;

(n) Develop and maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international conventions and
agreements thereon which have been adopted and approved by the Congress of the
Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about all dangerous
drugs and/or controlled precursors and essential chemicals-related cases to which they have
attended for statistics and research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds,
to administer and dispose the same when necessary for the benefit of government and
private rehabilitation centers subject to limitations, directions and instructions from the
donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment,
rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and
regulations pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the importation,
distribution, production, manufacture, compounding, prescription, dispensing and sale of,
and other lawful acts in connection with any dangerous drug, controlled precursors and
essential chemicals and other similar or analogous substances of such kind and in such
quantity as it may deem necessary according to the medical and research needs or
requirements of the country including diet pills containing ephedrine and other addictive
chemicals and determine the quantity and/or quality of dangerous drugs and controlled
precursors and essential chemicals to be imported, manufactured and held in stock at any
given time by authorized importer, manufacturer or distributor of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of
dangerous drugs into and out of the country to neutralize transnational crime syndicates
involved in illegal trafficking of any dangerous drugs and/or controlled precursors and
essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is an
owner, co-owner, lessee, or in the employ of the drug establishment, or manager of a
partnership, corporation, association, or any juridical entity owning and/or controlling such

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 drug establishment, and who knowingly participates in, or consents to, tolerates, or abets the
commission of the act of violations as indicated in the preceding paragraph, all without
prejudice to the criminal prosecution of the person responsible for the said violation;

(u) Appoint such technical, administrative and other personnel as may be necessary for the
effective implementation of this Act, subject to the Civil Service Law and its rules and
regulations;

(v) Establish a regular and continuing consultation with concerned government agencies and
medical professional organizations to determine if balance exists in policies, procedures,
rules and regulations on dangerous drugs and to provide recommendations on how the
lawful use of dangerous drugs can be improved and facilitated; and

(w) Submit an annual and periodic reports to the President, the Congress of the Philippines
and the Senate and House of Representatives committees concerned as may be required
from time to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended by the
congressional committees concerned.

Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out the
provisions of this Act, the PDEA, which serves as the implementing arm of the Board, and shall be
responsible for the efficient and effective law enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be
responsible for the general administration and management of the Agency. The Director General of
the PDEA shall be appointed by the President of the Philippines and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge, training and
experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law,
medicine, criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one for
Operations and the other one for Administration. The two (2) deputies director general shall likewise
be appointed by the President of the Philippines upon recommendation of the Board. The two (2)
deputies director general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.

Section 83. Organization of the PDEA. The present Secretariat of the National Drug Law
Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 shall be
accordingly modified and absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes in the
organizational set-up which shall be submitted to the Board for approval.

For purposes of carrying out its duties and powers as provided for in the succeeding Section of this
Act, the PDEA shall have the following Services, namely: Intelligence and Investigation; International
Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and
Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial
Management; Logistics Management; and Internal Affairs.

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The PDEA shall establish and maintain regional offices in the different regions of the country which
shall be responsible for the implementation of this Act and the policies, programs, and projects of
said agency in their respective regions.

Section 84. Powers and Duties of the PDEA. The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national drug control
strategy formulated by the Board thereby carrying out a national drug campaign program
which shall include drug law enforcement, control and prevention campaign with the
assistance of concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful
acts and penalties involving any dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters involved in the commission of any
crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled
precursor and essential chemical as provided for in this Act and the provisions of Presidential
Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of
investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects
or proceeds of the crimes as provided by law and take custody thereof, for this purpose the
prosecutors and enforcement agents are authorized to possess firearms, in accordance with
existing laws;

(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and
essential chemicals seized, confiscated or surrendered to any national, provincial or local law
enforcement agency, if no longer needed for purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in order to
facilitate action on seize or confiscated drugs, thereby hastening its destruction without
delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance with the
pertinent provisions of the Anti-Money-Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for
violation of all laws on dangerous drugs, controlled precursors and essential chemicals, and
other similar controlled substances, and assist, support and coordinate with other
government agencies for the proper and effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal
Office and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the
central post office, which appear from the package and address itself to be a possible
importation of dangerous drugs and/or controlled precursors and essential chemicals,
through on-line or cyber shops via the internet or cyberspace;

(j) Conduct eradication programs to destroy wild or illegal growth of plants from which
dangerous drugs may be extracted;

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 (k) Initiate and undertake the formation of a nationwide organization which shall coordinate
and supervise all activities against drug abuse in every province, city, municipality and
barangay with the active and direct participation of all such local government units and
nongovernmental organizations, including the citizenry, subject to the provisions of
previously formulated programs of action against dangerous drugs;

(l) Establish and maintain a national drug intelligence system in cooperation with law
enforcement agencies, other government agencies/offices and local government units that
will assist in its apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages with international
drug control and administration agencies and organizations, and implement the applicable
provisions of international conventions and agreements related to dangerous drugs to which
the Philippines is a signatory;

(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file
charges and transmit evidence to the proper court, wherein members of the said unit shall
possess suitable and adequate firearms for their protection in connection with the
performance of their duties: Provided, That no previous special permit for such possession
shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all dangerous
drugs and/or controlled precursors and essential chemicals which they have attended to for
data and information purposes;

(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines,
rules and regulations for the proper implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned and or controlled
corporations, in the anti-illegal drugs drive, which may include the use of their respective
personnel, facilities, and resources for a more resolute detection and investigation of drug-
related crimes and prosecution of the drug traffickers; and

(r) Submit an annual and periodic reports to the Board as may be required from time to time,
and perform such other functions as may be authorized or required under existing laws and
as directed by the President himself/herself or as recommended by the congressional
committees concerned.

Section 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy shall be
established either in Baguio or Tagaytay City, and in such other places as may be necessary. The
PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and
personnel. The Board shall provide for the qualifications and requirements of its recruits who must
be at least twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate degree
holder.

The graduates of the Academy shall later comprise the operating units of the PDEA after the
termination of the transition period of five (5) years during which all the intelligence network and
standard operating procedures of the PDEA has been set up and operationalized.

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The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be
appointed by the PDEA Director General.

Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the
PDEA and Transitory Provisions. The Narcotics Group of the PNP, the Narcotics Division of the
NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue
with the performance of their task as detail service with the PDEA, subject to screening, until such
time that the organizational structure of the Agency is fully operational and the number of graduates
of the PDEA Academy is sufficient to do the task themselves:Provided, That such personnel who are
affected shall have the option of either being integrated into the PDEA or remain with their original
mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head
of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall
be extended appointments to positions similar in rank, salary, and other emoluments and privileges
granted to their respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided for in this Section
shall take effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel
absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all
other crimes as provided for in their respective organic laws: Provided, however, That when the
investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a
violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or
any of the task force shall immediately transfer the same to the PDEA: Provided, further, That the
NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug
related matters.

ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. The amount necessary for the operation of the Board and the PDEA
shall be charged against the current year's appropriations of the Board, the National Drug Law
Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics
Division of the NBI and other drug abuse units of the different law enforcement agencies integrated
into the PDEA in order to carry out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this Act, including
ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than
twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund for the implementation of
this Act: Provided, That no amount shall be disbursed to cover the operating expenses of the Board
and other concerned agencies: Provided, further, That at least fifty percent (50%) of all the funds
shall be reserved for assistance to government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from
the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the
Board by the PCSO within thirty (30) days after these are collected and declared forfeited.

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A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR)
in the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and also for the maintenance and
operations of such centers: Provided, That the said amount shall be taken from the fifty percent
(50%) share of the National Government in the income of PAGCOR: Provided, further, That the said
amount shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be
disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the Commission on
Audit (COA).

The fund may be augmented by grants, donations, and endowment from various sources, domestic
or foreign, for purposes related to their functions, subject to the existing guidelines set by the
government.

Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA.
The Board shall manage the funds as it may deem proper for the attainment of the objectives of this
Act. In addition to the periodic reports as may be required under this Act, the Chairman of the Board
shall submit to the President of the Philippines and to the presiding officers of both houses of
Congress, within fifteen (15) days from the opening of the regular session, an annual report on the
dangerous drugs situation in the country which shall include detailed account of the programs and
projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to
the provisions of this Act, recommended remedial legislation, if needed, and such other relevant
facts as it may deem proper to cite.

Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. All accounts and
expenses of the Board and the PDEA shall be audited by the COA or its duly authorized
representative.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. The Supreme Court shall designate special courts from among the
existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving
violations of this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this
Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty
(30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four (24) hours from
the termination of the investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed by the proper
prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from
the date of the filing of the information. Decision on said cases shall be rendered within a period of
fifteen (15) days from the date of submission of the case for resolution.

74
Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. Any
member of law enforcement agencies or any other government official and employee who, after due
notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be punished with
imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of
not less than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability
he/she may be meted out by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assigned to any other government office located
in another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be penalized with imprisonment of
not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of
such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation
of any existing law.

Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any government officer or
employee tasked with the prosecution of drug-related cases under this act, who, through patent
laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.

Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs.
The Board shall have the power to reclassify, add to or remove from the list of dangerous drugs.
Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA,
the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned with drug abuse, a
national or local government agency, or an individual citizen. When a petition is received by the
Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an
investigation of a drug at any time based upon the information received from law enforcement
laboratories, national and local law enforcement and regulatory agencies, or other sources of
information.

The Board after notice and hearing shall consider the following factors with respect to each
substance proposed to be reclassified, added or removed from control:

75
 (a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled

under this Act.

The Board shall also take into accord the obligations and commitments to international treaties,
conventions and agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the
reclassification, addition to or removal from the list of any drug by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the
penalties for the violations of this Act involving the two latter categories of drugs shall, in
case of conviction, be imposed in all pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the
penalties for violations of the Act involving precursors and essential chemicals shall, in case
of conviction, be imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and
essential chemicals, no criminal liability involving the same under this Act shall arise until
after the lapse of fifteen (15) days from the last publication of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and
essential chemicals, all persons convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending criminal prosecution involving
such a drug under this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress
a detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.

ARTICLE XII

Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. The present Board in consultation with the
DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other

76
concerned government agencies shall promulgate within sixty (60) days the Implementing Rules and
Regulations that shall be necessary to implement the provisions of this Act.

ARTICLE XIII

Final Provisions

Section 95. Congressional Oversight Committee. There is hereby created a Congressional

Oversight Committee composed of seven (7) Members from the Senate and seven (7) Members
from the House of Representatives. The Members from the Senate shall be appointed by the Senate
President based on the proportional representation of the parties or coalitions therein with at least
two (2) Senators representing the Minority. The Members from the House of Representatives shall
be appointed by the Speaker, also based on proportional representation of the parties or coalitions
therein with at least two (2) Members representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public
Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. The Oversight Committee on
Dangerous Drugs shall, in aid of legislation, perform the following functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act;

(b) To ensure transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the implementation
of this act;

(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs
and all disbursements therefrom, including compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;

(e) To determine inherent weaknesses in the law and recommend the necessary remedial
legislation or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be necessary to
effectively attain the objectives of this Act.

Section 97. Adoption of Committee Rules and Regulations, and Funding. The Oversight
Committee on Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and
receive testimonies, reports, and technical advice, invite or summon by subpoena ad
testificandum any public official, private citizen, or any other person to testify before it, or require any
person by subpoena duces tecum documents or other materials as it may require consistent with the
provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by

personnel who may be seconded from the Senate and the House of Representatives and may retain
consultants.

77
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial
sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current
appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall
be included in the annual General Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the
effectivity of this Act and may be extended by a joint concurrent resolution.

Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or
regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein
shall be reclusion perpetua to death.

Section 99. Separability Clause. If for any reason any section or provision of this Act, or any
portion thereof, or the application of such section, provision or portion thereof to any person, group
or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected
by such declaration and shall remain in force and effect.

Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed and all
other laws, administrative orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.

Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.

Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at least
two (2) national newspapers of general circulation.

ANNEX

1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES

LIST OF SUBSTANCES IN TABLE I

1. ACETIC ANHYDRIDE
2. N-ACETYLANTHRANILIC ACID
3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE
7. LYSERGIC ACID
8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9. NOREPHEDRINE
10. 1-PHENYL-2-PROPANONE
11. PIPERONAL
12. POTASSIUM PERMANGANATE
13. PSEUDOEPHEDRINE
14. SAFROLE

78
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF
SUCH SALTS IS POSSIBLE.

LIST OF SUBSTANCES IN TABLE II

1. ACETONE
2. ANTHRANILIC ACID
3. ETHYL ETHER
4. HYDROCHLORIC ACID
5. METHYL ETHYL KETONE
6. PHENYLACETIC ACID
7. PIPERIDINE
8. SULPHURIC ACID
9. TOLUENE

THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF
SUCH SALTS IS POSSIBLE (THE SALTS OF HYDROCHLORIC ACID AND SULPHURIC ACID
ARE SPECIFICALLY EXCLUDED)

1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE

1972 PROTOCOL

LIST OF DRUGS INCLUDED IN SCHEDULE I

1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Acetylmethadol
4. Alfentanil
5. Allylprodine
6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10. Alpha-methylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine
14. Benzylmorphine
15. Betacetylmethadol
16. Beta-hydroxyfentanyl
17. Beta-hydroxy-3-methylfentanyl
18. Betameprodine
19. Betamethadol
20. Betaprodine
21. Bezitramide
22. Cannabis and Cannabis resin and extracts and tinctures of cannabis
23. Clonitazene
24. Coca leaf
25. Cocaine
26. Codoxime
27. Concentrate of poppy straw
28. Desomorphine

79
29. Dextromoramide
30. Diampromide
31. Diethylthiambutene
32. Difenoxin
33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine*
36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate
40. Diphenoxylate
41. Dipipanone
42. Drotebanol
43. Ecgonine
44. Ethylmethylthiambutene
45. Etonitazene
46. Etorphine
47. Etoxeridine
48. Fentanyl
49. Furethidine
50. Heroin
51. Hydrocodone
52. Hydromorphinol
53. Hydromorphone
54. Hydroxypethidine
55. Isomethadone
56. Ketobemidone
57. Levomethorphan
58. Levomoramide
59. Levophenacylmorphan
60. Levorphanol
61. Metazocine
62. Methadone
63. Methadone Intermediate
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl
68. Metopon
69. Moramide intermediate
70. Morpheridine
71. Morphine
72. Morphine methobromide
73. Morphine-N-oxide
74. MPPP
75. Myrophine
76. Nicomorphine
77. Noracymethadol
78. Norlevorphanol
79. Normethadone
80. Normorphine
81. Norpipanone

80
 82. Opium
83. Oxycodone
84. Oxymorphone
85. Para-fluorofentanyl
86. PEPAP
87. Pethidine
88. Pethidine intermediate A
89. Pethidine intermediate B
90. Pethidine intermediate C
91. Phenadoxone
92. Phenampromide
93. Phenazocine
94. Phenomorphan
95. Phenoperidine
96. Piminodine
97. Piritramide
98. Proheptazine
99. Properidine
100. Racemethorphan
101. Racemoramide
102. Racemorphan
103. Remifentanil
104. Sufentanil
105. Thebacon
106. Thebaine
107. Thiofentanyl
108. Tilidine
109. Trimeperidine

-----

*
Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-hydroxy-N-
methylmorphinan are isomers specifically excluded from this Schedule.

AND the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence
of such isomers is possible within the specific chemical designation;

The esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule
whenever the existence of such esters or ethers is possible;

The salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as
provided above whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE II

1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine

81
 8. Norcodeine
9. Pholcodine
10. Propiram

And the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence
of such isomers is possible within the specific chemical designation.

The salts of the drugs listed in this Schedule, including the salts of the isomers as provided above
whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE III

1. Preparations of : Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more other ingredients and
containing not more than milligrams of the drug per dosage unit
and with a concentration of not more than 2.5 per cent in
undivided preparations.

2. Preparations of : Propiram containing not more than 100 milligrams of propiram

per dosage unit and compounded with at least the same amount
of Methylcellulose.

3. Preparations of : Dextropropoxyphene for oral use containing not more than 135
milligrams of dextropropoxyphene base per dosage unit or with
a concentration of not more than 2.5 per cent in undivided
preparations, provided that such preparations do not contain any
substance controlled under the Convention on Psychotropic
Substances of 1971.

4. Preparations of : Cocaine containing not more than 0.1 per cent of cocaine
calculated as cocaine base; and
Preparations of:
Opium or morphine containing not more than 0.2 per cent of
morphine calculated as anhydrous morphine base and
compounded with one or more other ingredients and in such a
way that the drug cannot be recovered by readily applicable
means or in a yield that would constitute a risk to public health.

5. Preparations of : Difenoxin containing, per dosage unit, not more than 0.5
milligrams of difenoxin and a quantity of atropine sulfate
equivalent to at least 5 per cent of the dose of difenoxin.

6. Preparations of : Diphenoxylate containing per dosage unit, not more than 2.5
milligrams diphenoxylate calculated as base and a quantity of
atropine sulfate equivalent to at least 1 per cent of the dose of

82
 diphenoxylate.

7. Preparations of : Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with
80 per cent of any other powdered ingredient containing
no drug.

8. Preparations conforming to any of the formulas listed in this Schedule and mixtures
such preparations with any material which contains no drug.

LIST OF DRUGS INCLUDED IN SCHEDULE IV

1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Alpha-methylfentanyl
4. Alpha-methylthiofentanyl
5. Beta-hydroxy-3-methylfentanyl
6. Beta-hydroxyfentanyl
7. Cannabis and Cannabis resin
8. Desomorphine
9. Etorphine
10. Heroin
11. Ketobemidone
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP
15. Para-fluorofentanyl
16. PEPAP
17. Thiofentanyl

AND the salts of the drugs listed in this Schedule whenever the formation of such salts is possible

1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES

LIST OF SUBSTANCES IN SCHEDULE I

BROLAMFETAMINE (DOB) ()-4-Bromo-2,5-dimethoxy-a-methylphenethylamine

Dimethoxybromoamphetamine

CATHINONE (-)-(S)-2-Aminopropiophenone

DET 3-[2-(Diethylamino)ethyl)indole)

DMA ()-2,5-DIMETHOXY-a-methylphenethylamine

2,5 Dimethoxyamphetamine

83
DMPH 3-(1,2-Dimethylhepty)-7,8,9,-10-tetrahydro-6,6,9-
trimethyl-6H-dibenzo[b,d]pyran-1-ol

DMT 3-[2-(Dimethylamino)ethyl]indole

DOET ()-4-Ethyl-2,5-dimethoxy-a-phorethylamine

2,5-Dimethoxy-4-ethylamphetamine

ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine

ETRYPAMINE 3-(2-Aminobutyl)indole

(+)-LYSERGIDE (LSD, LSD- 9,10-Didehydro-N,N-diethyl-6-methylergoline-8b-

25) carboxamide

MDA (+)-N, a-Dimethyl-3,4-(methylene-

dioxy)phenethylamine

3,4-Methylenedioxymethamphetamine

MESCALINE 3,4,5-Trimethoxyphenethylamine

METHCATHINONE 2-(Methylamino)-1-phenylpropan-1-one

4-METHYLAMINOREX (+)-cis-2-Amino-4-methyl-5-phenyl-2-oxazoline

MMDA 2-Methoxy-a-methyl-4,5-
(methylenedioxy)phenethylamine

5-Methoxy-3,4-methylenedioxyamphetamine

N-ETHYL MDA (+)-N-Ethyl-a-methyl-

3,4(methylenedioxy)phenethylamine

3-4-Methylenedioxy-N-ethylamphetamine

N-HYDROXY MDA (+)-N-[a-Methyl-3,4-(methylenedioxy)phenethyl]-

hydroxylamine

PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-trimethyl-6H-
dibenzo[b,d]pyran-1-ol

PMA p-Methoxy-a-methylphenethylamine

Paramethoxyamphetamine

PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-ol

PSILOCYBINE 3-[2-(Dimethylamino)ethyl]indol-4-yl

dihydrogen phosphate

84
 ROLICYCLIDINE (PHP, 1-(1-Phenylcyclohexyl)pyrrolidine
PCPY)

STP, DOM 2,5-Dimethoxy-a,4-dimethylphenethylamine

TENAMFETAMINE (MDA) a-Methyl-3,4-(methylenedioxy)phenethylamine

Methylenedioxyamphetamine

TENOCYCLIDINE (TCP) 1-[1-(2-Thienyl)cyclohexyl]piperridine

TETRAHYDROCANNABINOL - the following isomers and their stereochemical

variants:

7,8,9,10-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-ol

(9R,10aR)-8,9,10,10a-Tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol

(6aR,9R,10aR)-6a,9,10,10a-
Tetrahydro-6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol

(6aR,10aR)-6a,7,10,10a-Tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol

(6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-ol

(6aR,10aR)-6a,7,8,9,10,10a-
Hexahydro-6,6,dimethyl-9-methylene-3-
pentyl-6H-Dibenzo[b,d]pyran-1-ol

TMA ()-3,4,5-Trimethoxy-a methylphenethylamine

3,4,5-Trimethoxyamphetamine

4-MIA-(a-methyl-4-methylthiophenethylamine)

The stereoisomers, unless specifically excepted, of substances in this Schedule, whenever the
existence of such stereou\isomers is possible within the specific chemical designation.

LIST OF SUBSTANCES IN SCHEDULE II

1. AMFETAMINE (AMPHETAMINE)
2. DEXAMFETAMINE (DEXAMPHETAMINE)
3. FENETYLLINE
4. LEVAMFETAMINE (LEVAMPHETAMINE)

85
5. LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7. METAMFETAMINE (METHAMPHETAMINE)
8. METHAMPHETAMINE RACEMATE
9. METHAQUALONE
10. METHYLPHENIDATE
11. PHENCYCLIDINE (PCP)
12. PHENMETRAZINE
13. SECOBARBITAL
14. DRONABINOL (delta-9-tetrahydro-cannabinol and its stereochemical variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)

LIST OF SUBSTANCES IN SCHEDULE III

1. AMOBARBITAL
2. BUPRENORPHINE
3. BUTALBITAL
4. CATHINE (+)-norpseudo-ephedrine
5. CYCLOBARBITAL
6. FLUNITRAZEPAM
7. GLUTETHIMIDE
8. PENTAZOCINE
9. PENTOBARBITAL

Substances in Schedule IV

1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE 4. AMINOREX
5. BARBITAL
6. BENZFETAMINE(benzphetamine)
7. BROMAZEPAM
8. Butobarbital
9. BROTIZOLAM
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM
17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATE
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE(N-ethylampetamine)
24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM

86
28. HALAZEPAM
29. HALOXAZOLAM
30. KETAZOLAM
31. LEFETAMINE(SPA)
32. LOPRAZOLAM
33. LORAZEPAM
34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM
45. NORDAZEPAM
46. OXAZEPAM
47. OXAZOLAM
48. PEMOLINE
49. PHENDIMETRAZINE
50. PHENOBARBITAL
51. PHENTERMINE
52. PINAZEPAM
53. PIPRADROL
54. PRAZEPAM
55. PYROVALERONE
56. SECBUTABARBITAL
57. TEMAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
61. Zolpidem

87
RA 1379 (1955)
AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY
FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR
EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR.

Section 1. Definitions. (a) For the purposes of this Act, a "public officer or employee" means any
person holding any public office or employment by virtue of an appointment, election or contract, and
any person holding any office or employment, by appointment or contract, in any State owned or
controlled corporation or enterprise.

(b) "Other legitimately acquired property" means any real or personal property, money or
securities which the respondent has at any time acquired by inheritance and the income
thereof, or by gift inter vivos before his becoming a public officer or employee, or any
property (or income thereof) already pertaining to him when he qualified for public office or
employment, or the fruits and income of the exclusive property of the respondent's spouse. It
shall not include:

1. Property unlawfully acquired by the respondent, but its ownership is concealed by

its being recorded in the name of, or held by, the respondent's spouse, ascendants,
descendants, relatives, or any other person.

2. Property unlawfully acquired by the respondent, but transferred by him to another

person or persons on or after the effectivity of this Act.

3. Property donated to the respondent during his incumbency, unless he can prove to
the satisfaction of the court that the donation is lawful.

Section 2. Filing of petition. Whenever any public officer or employee has acquired during his
incumbency an amount of property which is manifestly out of proportion to his salary as such public
officer or employee and to his other lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to have been unlawfully acquired. The
Solicitor General, upon complaint by any taxpayer to the city or provincial fiscal who shall conduct a
previous inquiry similar to preliminary investigations in criminal cases and shall certify to the Solicitor
General that there is reasonable ground to believe that there has been committed a violation of this
Act and the respondent is probably guilty thereof, shall file, in the name and on behalf of the
Republic of the Philippines, in the Court of First Instance of the city or province where said public
officer or employee resides or holds office, a petition for a writ commanding said officer or employee
to show cause why the property aforesaid, or any part thereof, should not be declared property of
the State: Provided, That no such petition shall be filed within one year before any general election
or within three months before any special election.

The resignation, dismissal or separation of the officer or employee from his office or employment in
the Government or in the Government-owned or controlled corporation shall not be a bar to the filing
of the petition:Provided, however, That the right to file such petition shall prescribe after four years
from the date of the resignation, dismissal or separation or expiration of the term of the office or
employee concerned, except as to those who have ceased to hold office within ten years prior to the
approval of this Act, in which case the proceedings shall prescribe after four years from the approval
hereof.

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Section 3. The petition. The petition shall contain the following information:

(a) The name and address of the respondent.

(b) The public officer or employment he holds and such other public offices or employment
which he has previously held.

(c) The approximate amount of property he has acquired during his incumbency in his past
and present offices and employments.

(d) A description of said property, or such thereof as has been identified by the Solicitor
General.

(e) The total amount of his government salary and other proper earnings and incomes from
legitimately acquired property, and

(f) Such other information as may enable the court to determine whether or not the
respondent has unlawfully acquired property during his incumbency.

Section 4. Period for the answer. The respondent shall have a period of fifteen days within which to
present his answer.

Section 5. Hearing. The Court shall set a date for a hearing, which may be open to the public, and
during which the respondent shall be given ample opportunity to explain, to the satisfaction of the
court, how he has acquired the property in question.

Section 6. Judgment. If the respondent is unable to show to the satisfaction of the court that he has
lawfully acquired the property in question, then the court shall declare such property, forfeited in
favor of the State, and by virtue of such judgment the property aforesaid shall become property of
the State: Provided, That no judgment shall be rendered within six months before any general
election or within three months before any special election. The Court may, in addition, refer this
case to the corresponding Executive Department for administrative or criminal action, or both.

Section 7. Appeal. The parties may appeal from the judgment of the Court of First Instance as
provided in the Rules of Court for appeals in civil cases.

Section 8. Protection against self-incrimination. Neither the respondent nor any other person shall
be excused from attending and testifying or from producing books, papers, correspondence,
memoranda and other records on the ground that the testimony or evidence, documentary or
otherwise, required of him may tend to incriminate him or subject him to prosecution; but no
individual shall be prosecuted criminally for or on account of any transaction, matter or thing
concerning which he is compelled, after having claimed his privilege against self-incrimination, to
testify or produce evidence, documentary or otherwise, except that such individual so testifying shall
not be exempt from prosecution and conviction for perjury or false testimony committed in so
testifying or from administrative proceedings.

Section 9. Immunity. The Solicitor General may grant immunity from criminal prosecution to any
person who testifies to the unlawful manner in which the respondent has acquired any of the
property in question in cases where such testimony is necessary to prove violations of this Act.

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Section 10. Effect of record of title. The fact that any real property has been recorded in the Registry
of Property or office of the Register of Deeds in the name of the respondent or of any person
mentioned in paragraphs (1) and (2) of subsection (b) of section one hereof shall not prevent the
rendering of the judgment referred to in section six of this Act.

Section 11. Laws on prescription. The laws concerning acquisitive prescription and limitation of
actions cannot be invoked by, nor shall they benefit the respondent, in respect of any property
unlawfully acquired by him.

Section 12. Penalties. Any public officer or employee who shall, after the effective date of this Act,
transfer or convey any unlawfully acquired property shall be repressed with imprisonment for a term
not exceeding five years, or a fine not exceeding ten thousand pesos, or both such imprisonment
and fine. The same repression shall be imposed upon any person who shall knowingly accept such
transfer or conveyance.

Section 13. Separability of provisions. If any provision of this Act or the application thereof to any
person or circumstance, is held invalid, the remainder of the Act and the application of such
provision to other persons or circumstances shall not be affected thereby.

Section 14. Effective date. This Act shall take effect on its approval, and shall apply not only to
property thereafter unlawfully acquired but also to property unlawfully acquired before the effective
date of this Act.

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RA 8505 (1998)
Rape Victim Assistance and Protection Act
Rape Shield Rule

Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct,
opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that
the court finds, that such evidence is material and relevant to the case.

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